Developing Story
Sanofi — Cabazitaxel Patent Revocation Appeal (UPC)
Sanofi's appeal against a UPC Munich local division ruling that revoked its second medical use patent for cancer drug cabazitaxel reached oral proceedings at the UPC Court of Appeal in October 2026, in one of the most closely watched pharma cases at the court.
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## Overview
Sanofi is appealing the Unified Patent Court's (UPC) Munich local division first-instance decision revoking its patent EP 2 493 466, which protects a second medical use of cabazitaxel, a chemotherapy drug (JUVE Patent, October 6). Oral proceedings in the UPC Court of Appeal began on October 6, 2026, and were scheduled to continue into the following day (JUVE Patent, October 6).
The case is described as "one of the most prominent pharma cases at the UPC," reflecting the significance of second medical use patents in pharmaceutical patent strategy and the high financial stakes for Sanofi in defending a cancer drug patent (JUVE Patent, October 6).
## Why It Matters
Second medical use patents are a critical tool for pharmaceutical companies to extend exclusivity on existing compounds for new indications. A UPC Court of Appeal ruling here will be an important data point on how the appellate body treats validity challenges to this patent category, with implications for Sanofi's oncology portfolio and for the broader pharma industry's UPC litigation strategy.
## Key Facts
- Patent: EP 2 493 466 (cabazitaxel second medical use)
- Appellant: Sanofi
- First instance: UPC Munich local division (revoked the patent)
- Appeal: UPC Court of Appeal, oral proceedings began October 6, 2026
## Developments to Watch
- Court of Appeal ruling on revocation
- Impact on Sanofi's cabazitaxel (Jevtana) exclusivity
- Precedent for second medical use patent validity standards at the UPC