Sanofi and Regeneron v Amgen (UPC_CoA_641/2025 N/A UPC_CoA_641/2025) AND Amgen v Regeneron and Sanofi (UPC_CoA_646/2025 N/A UPC_CoA_646/2025)
Decision date:
24 March 2026
Court
Court of Appeal
Patent
EP 3 536 712
Osborne Clarke summary
- Following the first instance decision of the Düsseldorf LD, Sanofi and Regeneron lodged an appeal. Sanofi and Regeneron applied to withdraw their appeal, to which Amgen consented, and applied for reimbursement of 50% of the court fees or an amount the court deemed appropriate. The Court of Appeal gave permission to withdraw the appeal and proceedings were closed. There was no costs decision because none of the parties requested it and Regeneron and Sanofi’s request for reimbursement of the court fees was dismissed as the court had no discretion to grant reimbursement (beyond the situations provided for in Rules 370.9 and 370.10 RoP, which were not applicable here).
- The decision relating to Amgen's request to withdraw its counterclaim for revocation and reimbursement of court fees is available in full here.
Issue
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