UPC – Academy of Military Medical Sciences v. Gilead Sciences / Appeal – Leave to Appeal against Cost Decisions and Application for Suspensive effect
07 Aug 2026
Graham Burnett-Hall
Dehns
Academy of Military Medical Sciences v Gilead Sciences, Inc, UPC Court of Appeal, 4 August 2026, Case no. UPC-CoA-121/2026
The Court of Appeal granted the Academy of Military Medical Sciences (“AMMS”) leave to appeal in order to challenge a first instance order that the suspensive effect provided by Art. 74(2) UPCA applied only to the finding that a patent should be revoked and did not extend to any order to pay costs of the first instance proceedings.
However, the Court of Appeal declined to suspend the first instance order, with the effect that AMMS was still required to pay costs in compliance with that order.
A copy of the decision can be found here.
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