Case by Case | Court of Appeal clarifies urgency and waiver of invalidity defences in provisional measures proceedings

Case by Case | Court of Appeal clarifies urgency and waiver of invalidity defences in provisional measures proceedings

From You, me & the UPC by Bristows LLP

May 22, 2026 · 4 min · Episode 58

About this episode

The episode reviews a Court of Appeal decision regarding provisional measures and a Preliminary Injunction against Viatris Santé's marketing of a generic drug.

The Court of Appeal (CoA) has overturned the Paris LD’s refusal of provisional measures and granted a Preliminary Injunction (PI) preventing Viatris Santé from marketing its fampridine generic (which is for the improvement of walking speed in adult patients with MS) in France until expiry of Merz’s SPC in July 2026. Listen to Aida Tohala's review of this decision in this episode of You, Me and the UPC: Case by case. If you have any feedback, questions, or comments, please email us at upcpodca...

People in this episode

Host: Aida Tohala

Topics covered

  • provisional measures
  • court decisions
  • intellectual property
  • generic drugs
  • legal proceedings
  • injunctions

Keywords

  • Court of Appeal
  • provisional measures
  • Preliminary Injunction
  • Viatris Santé
  • fampridine
  • Merz
  • intellectual property
  • generic drugs
  • MS
  • legal review

Mentioned in this episode

Organizations: Viatris Santé, Merz

Products: fampridine

Places: France

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