Developing Story
Merz – Fampyra UPC Appellate Preliminary Injunction Victory (2026)
Merz and A&O overturned a first-instance UPC decision and obtained a preliminary injunction against Viatris Santé at the UPC Court of Appeal regarding the French SPC for fampridine, while Munich Regional Court separately issued PIs against German generics. The case advances UPC SPC enforcement jurisprudence and signals a patentee-favorable appellate posture.
Importance: 74%Confidence: 88%Mentions: 1Updated: May 1, 2026
## Merz – Fampyra UPC Appellate Preliminary Injunction Victory (2026)
### Overview
Merz and its counsel A&O (Allen & Overy) reportedly overturned a lower preliminary injunction decision in the Fampyra case at the Unified Patent Court (UPC) Court of Appeal in Luxembourg (JUVE Patent, April 29, 2026). The UPC Court of Appeal granted Merz a preliminary injunction (PI) against Viatris Santé regarding the French Supplementary Protection Certificate (SPC) of fampridine (JUVE Patent, April 29, 2026). Separately, the Munich Regional Court reportedly issued preliminary injunctions against several generics manufacturers blocking fampridine generics in Germany (JUVE Patent, April 29, 2026).
### Drug Background
Fampyra (fampridine/dalfampridine) is a potassium channel blocker approved to improve walking in adults with multiple sclerosis. The drug is marketed by Biogen in major markets. SPC protection extends patent exclusivity beyond standard patent term to compensate for regulatory approval time.
### Legal Significance
- **UPC appellate PI standard**: The Court of Appeal's willingness to grant a PI overturning a first-instance refusal indicates a more patentee-favorable appellate posture, with implications for PI strategy across UPC jurisdictions.
- **SPC enforcement via UPC**: The case tests UPC jurisdiction over national SPCs — a developing area of UPC jurisprudence.
- **Multi-front enforcement**: Coordinated enforcement at UPC (French SPC) and Munich Regional Court (German market) demonstrates an emerging playbook for originator pharmaceutical companies.
- **Viatris exposure**: Viatris Santé's generics business in France faces injunctive restraint; other fampridine generic entrants face German injunctions.
### Key Entities
- **Merz**: Originator/SPC holder; plaintiff
- **A&O (Allen & Overy / A&O Shearman)**: Merz's patent counsel
- **Viatris Santé**: Generic defendant at UPC (French SPC)
- **UPC Court of Appeal**: Luxembourg-based appellate body; decision-maker
- **Munich Regional Court**: Parallel German enforcement venue
### Status
PI granted at UPC appellate level; Munich Regional Court PIs issued. Merits proceedings likely to follow (JUVE Patent, April 29, 2026). Connects to existing page on UPC Court of Appeal Preliminary Injunction Jurisprudence.