UPC Paris Sends Viatris Revocation Counterclaim to Central Division in Merz Fampridine Case
Photo: JerzyGórecki / Pixabay
In the dispute between Merz and Viatris over the multiple sclerosis drug fampridine, the Paris Local Division of the Unified Patent Court has split the case in two. By an order of 15 October 2026 (UPC_CFI_1901/2026 and UPC_CFI_3259/2026), the panel sent Viatris Santé's counterclaim for revocation to the Paris seat of the Central Division and kept the infringement action for itself, according to the published order and a case summary by Dhenne Avocats.
The dispute concerns European patent EP 2 377 536 and French supplementary protection certificate (SPC) No. 13C0033. Viatris had asked for its counterclaim to be stayed while French courts decide on jurisdiction, arguing there was overlapping litigation over the same SPC already pending before the Paris Judicial Court. Rather than rule on that request itself, the local division used its discretion under Article 33(3)(b) of the UPC Agreement to refer the counterclaim; the central division, which handles SPC validity, will now also decide on the stay. Merz did not oppose referral as long as the infringement timetable was kept. The order can be appealed.
The case shows how parallel national and UPC proceedings over SPCs are still being sorted out, which matters for any pharmaceutical company relying on SPC extensions in Europe.
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