GSK vs. Moderna Procedural Order - 2026

The Hague Local Division of the Unified Patent Court issued a procedural order involving GlaxoSmithKline Biologicals SA (GSK) as the claimant and several Moderna entities as the defendants. GSK filed an application requesting that experts be heard in person, arguing it would enhance the evidence from their written statements. The court dismissed this application, aligning with Moderna's view that the procedural rules do not mandate an in-person hearing of all experts.

Additionally, Moderna sought another extension for filing a rejoinder due to procedural complexity. The court dismissed this extension request, emphasizing the UPC's goal of prompt case resolution and citing prior extensions as sufficient.

Both applications by the parties were dismissed, with the court inviting further suggestions for topics to be discussed at the upcoming interim conference.

UPC Publication Date:05/07/2026
Summarized:05/14/2026
Type:Infringement Action
Court:The Hague (NL) Local Division
Parties:GlaxoSmithKline Biologicals SA v. Moderna Netherlands B.V. Et al
Winning Party:Moderna
Counterclaim:No
Patent Number:EP2590626 B1
Patent Title:N/A
Grounds for decision:UPC procedural rulesInsufficient justification for in-person expert hearingLack of exceptional circumstances for extension request
Remedies