UPC sees next life sciences case as Guardant sues Sophia Genetics

This summer it became apparent that the UPC is growing more attractive to the life sciences industry. For the first time, the court received major lawsuits concerning pharmaceuticals, particularly mRNA patents. For example, GSK sued BioNTech and Pfizer over COVID-19 vaccines. GSK is also taking action against Moderna.

The court was already an attractive venue for medical devices cases. Abbott, for example, has made intensive use of the UPC to file claims against Dexcom, SiBio Technology and Sinocare over glucose-monitoring devices.

In recent weeks, the UPC has also received several PI lawsuits revolving around life science patents.

At the end of July, Onward Medical filed a case against Niche Biomedical over a system for neuromodulation (case ID: ACT_33922/2025). Shortly after, German pharmaceutical company Merz filed a PI action against Viatris over multiple sclerosis drug fampridine (case ID: ACT_33980/2025).

Subsequently, Hoffmann-La Roche filed PI claims in August against Berlin Chemie and Menarini over a continuous glucose-monitoring product (case ID: ACT_34241/2025). Then, Align Technology requested a PI against Angelalign Technology concerning dental technology (case ID: ACT_34387/2025).

In September, Abbott then filed a PI against SenEaron Healthcare over a compact on-body physiological monitoring device (case ID: ACT_35887/2025).

PI claim based on four patents

Guardant Health recently filed a claim based on four patents at the UPC. The Californian biotech company is seeking a PI against competitor Sophia Genetics (case ID: ACT_35699/2025)

Sophia Genetics is a data-driven medicine software company with headquarters in Switzerland and the US. The company distributes the “MSK-ACCESS powered with SOPHiA DDM” test. The liquid biopsy testing offers a complementary alternative to solid tumour testing. Sophia Genetics entered into a collaboration with AstraZeneca for this technology in 2024.

Guardant supplies its own liquid biopsy products, including Guardant 360. The products of both companies relate not only to biotechnology but also to tech applications.

Now Guardant wants to prohibit its competitor from distributing its product in important UPC countries. Guardant believes the competing product infringes its EP 3 443 066, EP 3 766 986, EP 3 470 533 and EP 3 591 073. These patents cover liquid biopsy tests and their use to build genomic databases.

Parallel UK case

Even before Guardant went to the local division Paris under presiding judge Camille Lignières and Carine Gillet at the end of August and demanded a PI, it filed an action for infringement of EP 533, EP 986, EP 066 and GB patent 2 510 725 at the UK High Court (case ID: HP-2025-000037). Guardant is seeking a permanent injunction against the distribution of Sophia Genetics’ products in the UK.

EP 533 and EP 073 were opposed at the EPO by companies or strawmen but not successfully invalidated. EP 533 was already subject to infringement proceedings in Germany against Foundation Medicine. The companies settled their dispute in 2022.

Guardant relies on Carpmaels

Carpmaels & Ransford has acted as Guardant’s long-term adviser for the EPO filings. Now London-based partner Andrew Hutchinson, who recently joined from Simmons & Simmons, is handling the UK case with David Wilson.

Cameron Marshall and Agathe Michel-de Cazotte are handling the UPC case.

Recently the mixed IP firm has filed several new life sciences cases at the UPC. For example, Carpmaels is also acting for Merz in a PI case pending at the Paris local division, and a Carpmaels team is also advising Align Technology in its PI case at the Düsseldorf local division.

Bristows for Sophia Genetics

It was already public knowledge that Sophia Genetics has retained Bristows for the UK proceedings. JUVE Patent has now learned that the company has also retained the UK law firm for the UPC case.

In addition to partners Rob Burrows and Liz Cohen, the team includes Dublin-based of counsel and UPC director Naoise Gaffney. A dual-qualified litigator, Gaffney joined Bristows’ Dublin office in early 2025 and brought the contact to Sophia Genetics.

The Bristows team also includes Rachael Cartright, Florence Plisner, Hannah Rigby, Eden Winlow, and Fariha Chowdhury.

The dispute is thus solely in the hands of UK firms. Carpmaels recently brought in a team from Hoffmann Eitle in Munich in order to penetrate the German market more strongly.

Bristows, on the other hand, is relying on its two offices in Brussels and Dublin with regard to the UPC.