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First Unified Patent Court Ruling on Second Medical Use Claims
On 13 May 2025, the Düsseldorf Local Division of the Unified Patent Court issued a landmark decision on the merits relating to a second medical use claim (Sanofi Biotechnology SAS and Regeneron Pharmaceuticals Inc. v. Amgen Inc. et al., 13 May 2025, UPC_CFI_505/2024). The decision follows an infringement action brought by Regeneron and Sanofi, respectively the proprietor and exclusive licensee of European Patent No 3 536 712 ("EP’712"), against various entities of the Amgen group, which subsequently filed a counterclaim for revocation. The claimants argued that the defendants’ product, evolocumab, marketed as Repatha® infringed EP’712.