2026-08-10 - LD The Hague - GlaxoSmithKline v. Moderna - UPC_CFI_619/2025
- Aktenzeichen:
- UPC_CFI_619/2025
- Datum:
- Spruchkörper:
- Court of First Instance - The Hague (NL) Local Division
- Art:
- Order
- Parteien:
- GlaxoSmithKline Biologicals SA v. Moderna Netherlands B.V., Moderna Biotech Spain, S.L., Moderna Biotech UK Limited, Moderna Biotech Distributor UK Ltd, Moderna Switzerland GmbH, Moderna Poland SP. Z.O.O., Moderna Inc., ModernaTX, Inc., Moderna Belgium S.R.L., Moderna France SASU, Moderna Germany GmbH, Moderna Italy S.R.L., Moderna Portugal Unipessoal LDA, Moderna Sweden AB, Moderna Norway A/S
Kernaussage: The Hague Local Division disposed of one of two counterclaims for revocation after the EPO had finally revoked the patent it attacked: with EP 4 066 856 revoked by the Technical Board of Appeal, the counterclaim became devoid of purpose and was closed under R.
2026-08-10 - LD The Hague - GlaxoSmithKline
v.
Moderna - UPC_CFI_619/2025
routine
The Hague Local Division disposed of one of two counterclaims for revocation after the EPO had finally revoked the patent it attacked: with EP 4 066 856 revoked by the Technical Board of Appeal, the counterclaim became devoid of purpose and was closed under R. 360 RoP, GSK being treated as the unsuccessful party and ordered to bear Moderna's reasonable and proportionate legal costs, with the amount left to separate proceedings or agreement. The revocation had only partial consequences for the infringement action, which also rests on the divisional EP 4 226 941. On Moderna's request to stay the remaining proceedings under R. 295 RoP the Court did not rule: it held that the likelihood of the divisional's claims being held invalid is a relevant consideration and can only be properly assessed once the Board's written grounds on the parent are available, expected by 19 October 2026. The Court therefore cancelled the oral hearing of 2 October 2026 for rescheduling and ordered two rounds of written submissions confined to the impact of the EPO decisions on EP 4 226 941, before deciding on the stay.