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ARTICLE · 09 SEPTEMBER 2025

Herbert Smith Freehills Kramer Comments For LSIPR On Small Molecule Litigation In The UPC

Herbert Smith Freehills Kramer LLP
Herbert Smith Freehills Kramer LLP
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Herbert Smith Freehills Kramer LLP

Herbert Smith Freehills Kramer LLP

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Life sciences-related cases started at a low level during the first years of the UPC's existence (about 25% of cases) and focused initially on the medtech sector.

GermanyIntellectual Property

Life sciences-related cases started at a low level during the first years of the UPC's existence (about 25% of cases) and focused initially on the medtech sector. However, the UPC is now seeing increased activity relating to small molecule products as well as biosimiliars. In this context, one of our Herbert Smith Freehills Kramer Dusseldorf patent litigation partners, Ina vom Feld, commented for LSIPR (Life Sciences Intellectual Property Review) on a case involving small molecule technology that was recently filed at the UPC.

In UPC sees rising small molecule litigation with Pfizer in the hot seat, vom Feld considers the patent infringement proceedings brought by Enanta Pharmaceuticals against Pfizer at the UPC in relation to Pfizer's COVID-19 antiviral, Paxlovid, which drug Enanta claims infringes its patent across all 18 UPC member states. The case is unusual for featuring innovators on both sides.

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