Key takeaways
An appeal can be disposed of under R. 360 RoP if it becomes devoid of purpose, meaning the appellant no longer has a legal interest in its continuation
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An appeal against a procedural order excluding evidence becomes moot if the main action is subsequently decided in the appellant’s favor, as no further advantage can be gained.
Also procedural appeals (R. 220.2) require that a successful appeal is likely to procure an advantage for the appellant
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The Court of Appeal has autonomous discretion under R. 222.2 RoP over evidence and is not bound by a first-instance decision to exclude it
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The Court of Appeal may admit evidence even if it was correctly excluded by the Court of First Instance, after considering all circumstances of the case. Evidence wrongfully rejected by the Court of First Instance shall be taken into account in the appeal, without the need for a separate appeal against that rejection.
Division
Court of Appeal
UPC number
UPC_CoA_906/2025
Type of proceedings
Procedural appeal
Parties
Appellant: Viatris Santé
Respondents: Merz Pharmaceuticals LLC, Merz Therapeutics GmbH, Merz Pharma France
Patent(s)
EP 2 377 536
Body of legislation / Rules
R. 220.2 RoP
R. 222.2 RoP
R. 333 RoP
R. 353 RoP
R. 360 RoP
