Merz wins UPC appeal as CoA overturns Paris LD denial and grants PI against Viatris generic in France

Context: In November 2025, the Unified Patent Court’s (UPC) Paris Local Division (LD) denied Merz’s request for provisional measures (the UPC term for a preliminary injunction, or PI) against Viatris Santé over French Supplementary Protection Certificate (SPC) No. 13C0033, which protects fampridine products used to improve walking speed in multiple sclerosis patients. The Paris LD found that Merz had waited too long to sue and therefore failed the UPC’s urgency requirement. We covered that earlier ruling in Section 1.1 of our November 24, 2025 ip fray UPC Roundup.

What’s new: The UPC’s Court of Appeal (CoA) has set aside that decision and granted Merz the requested PI. The appellate court has held that Merz had not delayed unreasonably, ordered Viatris Santé to stop making and selling the accused generic in France, required delivery-up of stock, imposed potential daily penalty payments for non-compliance, and awarded Merz interim costs of €56K.

Direct impact: Viatris Santé is required to stop the French launch of its generic product within 48 hours of the order. Merz’s exclusivity will be reinstated just months before the SPC expires on July 25, 2026.

Wider ramifications: The ruling is important guidance on UPC urgency standards for PIs. It suggests that patentees are not automatically barred from this type of relief simply because they did not sue at the earliest conceivable moment. It also confirms that the CoA is willing to revisit first-instance balancing of urgency and proportionality in pharma disputes.