Merz Pharmaceuticals LLC, Merz Therapeutics GmbH, Merz Pharma France v. Viatris Santé, Case No. UPC-COA-917/2025
The UPC Court of Appeal has overturned a first-instance decision by the Paris Local Division and granted Merz provisional measures against Viatris Santé. The dispute relates to Fampyra (fampridine), which is indicated for improving walking speed in adults with multiple sclerosis. Viatris was ordered, with immediate effect, to stop marketing its generic fampridine product in France until the expiry of Merz’ French SPC on 25 July 2026.
In November 2025, in what was the first UPC decision concerning an SPC, the Paris Local Division had rejected Merz’ application for provisional measures on the basis that it lacked the necessary urgency. Merz appealed, and shortly before the hearing Viatris dropped its invalidity arguments, narrowing the issues on appeal to urgency, delay and proportionality.
On appeal, the Court found that the requirements for urgency were satisfied. Although a price and reimbursement rate had been published for Viatris’ product in the French Official Journal on 22 November 2024, the Court held that this did not give Merz sufficient certainty of an imminent launch. Instead, it considered that the relevant date was 30 June 2025, when the French regulatory authority (ANSM) published Viatris’ actual market entry. On that basis, Merz’ application for provisional measures filed on 31 July 2025 did not involve any unreasonable delay under Rule 211.4 RoP.
A copy of the order/decision can be found here.
