2026-09-14 - 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., Moderna Netherlands B.V., Moderna Switzerland GmbH, Moderna Biotech Spain SL, ModernaTX, Inc., Moderna Poland Sp. z o.o. , Moderna Biotech UK Ltd, SAS Moderna France, Moderna Germany GmbH, Moderna Italy S.r.l., Moderna Norway AS, Moderna Sweden AB , Moderna Portugal Unipessoal LDA
Kernaussage: The judge-rapporteur of the Hague Local Division issued a case management order in the CureVac v Moderna infringement action after Moderna filed its statement of defence, a counterclaim for revocation and a confidentiality application.
2026-09-14 - LD The Hague - CureVac Manufacturing
v.
Moderna - UPC-CFI-0001407/2026
routine
The judge-rapporteur of the Hague Local Division issued a case management order in the CureVac v Moderna infringement action after Moderna filed its statement of defence, a counterclaim for revocation and a confidentiality application. Moderna's R.19 RoP preliminary objection contesting international jurisdiction over several defendants and over acts in non-UPC states is deferred to the main proceedings under R.20.2 RoP, because the objection cannot dispose of the whole action and the case law on the UPC's jurisdiction and competence rules is evolving rapidly [7]. The accompanying R.361 RoP request to dismiss the non-UPC-state claims as manifestly bound to fail is dismissed: such a request is reserved for clear-cut situations, which this is not [8]. The R.262A RoP confidentiality application is provisionally granted pending CureVac's response, but with the confidentiality club limited for the time being to CureVac's representatives and their assistants, implemented by setting the documents' CMS status to R [9]-[10]. The panel announces its intention not to bifurcate under Art. 33(3)(a) UPCA and to request a technically qualified judge, and hears the parties on that under R.37.2 RoP [11].