Merz v. Viatris Santé - Provisional Confidentiality Request Denied

Merz Pharmaceuticals sought provisional measures against Viatris Santé, alleging patent infringement. However, the initial application was rejected, with Merz ordered to pay interim costs. On appeal, Merz requested new evidence (Exhibit 823) be kept confidential, filing under RoP 262.2. However, the court clarified that confidentiality under RoP 262A must be requested explicitly for restrictions on opposing party’s use of info. Without proper application, documents are made accessible to other parties. Thus, Merz's confidentiality request was not immediately granted and the court ordered the exhibit's access status be changed to allow Viatris Santé access.

UPC Publication Date:01/26/2026
Summarized:01/29/2026
Type:Application RoP262-2
Court:Luxembourg (LU)
Parties:Merz Pharmaceuticals LLC, Merz Therapeutics GmbH, Merz Pharma France v. v. v. Viatris Santé
Winning Party:Viatris Santé
Counterclaim:No
Patent Number:EP 2 377 536
Patent Title:French Supplementary Protection Certificate No. 13C0033
Grounds for decision:Lack of provisional measure applicationNeed for explicit confidentiality order under R. 262A RoP
Remedies