2026-07-01 - LD The Hague - CureVac Manufacturing v. Moderna - UPC-CFI-0001407/2026
- Aktenzeichen:
- UPC-CFI-0001407/2026
- Datum:
- Spruchkörper:
- Court of First Instance - The Hague (NL) Local Division
- Art:
- Order
- Parteien:
- CureVac Manufacturing GmbH v. Moderna Inc. et al
Kernaussage: The Hague Local Division (judge-rapporteur alone) dismissed CureVac's Rule 190 RoP application to compel Moderna to produce confidential manufacturing data (CTD sections and technical data sheets) as premature and disproportionate.
2026-07-01 - LD The Hague - CureVac Manufacturing
v.
Moderna - UPC-CFI-0001407/2026
notable
The Hague Local Division (judge-rapporteur alone) dismissed CureVac's Rule 190 RoP application to compel Moderna to produce confidential manufacturing data (CTD sections and technical data sheets) as premature and disproportionate. Applying the cumulative Winnow v Orbisk framework (Art. 59(1) UPCA, Rule 190 RoP, Art. 6 Enforcement Directive) as developed by the Court of Appeal in Oppo v Panasonic, the court held the application admissible — a substantiated R.190 request filed on the same day as the statement of claim is a filing 'during the written procedure' under R.190.2 RoP — but found the necessity and proportionality condition unmet at this stage: before Moderna's Statement of Defence it was not yet clear which facts would be disputed, so ordering disclosure of a confidential process was not necessary or proportionate. The dismissal is without prejudice; the assessment may differ once the scope of the factual dispute is known. In the parallel infringement case the court confirmed the parties' agreed R.9.3 RoP alignment of a uniform deemed service date (1 June 2026) and harmonised deadlines for all 13 defendants.