UPC_CFI_808/2025

Decisions and documents (1)

• 2026-01-23preliminary injunction

  Applicant:

  Guardant Health, Inc.

  Defendants:

  Sophia Genetics GmbH; Sophia Genetics SA; Sophia Genetics SAS; Sophia Genetics SRL

  dismissed

  1)Unreasonable delay under R. 211.4 RoP: In the present case, a three-month period constitutes a reasonable delay to prepare the application for provisional measures by gathering the necessary evidence, given that the case involves several patents and a complex and sophisticated technology. 2)Added matter (divisional patent): It is decisive whether all the elements are directly and unambiguously derivable from the patent as originally filed (in the present case: the PCT application) or whether the latter is used as some kind of reservoir from which scattered fragments can be combined, in which case there is a whole series of different ‘inventions’ included in the PCT application. 3)Added matter: From the selections that have been made without any clear indication in the earlier application, the Court concludes that the invention as now worded in the granted claim cannot directly and unambiguously be derived from the patent as filed. 4)Demonstration of an infringement with a sufficient degree of certainty (R. 211.2 RoP): The burden of proof for the alleged infringement lies with the party invoking it. Applicant cannot rely solely on the disputed information from a press release to demonstrate how Defendants' software processes data. Additional in-depth investigations into how Defendants’ platform operates or more technical documentation on the 'accused software' would have been necessary.

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