UPC CFI 1747/2025

Vor dem UPC: Align Technology, Inc. (8 Verfahren)·Angelalign Group (8 Verfahren)

• 2026-05-12
  Application for provisional measuresÖffentlich

  Zusammenfassung: The Local Division Düsseldorf dismissed the application for provisional measures filed by Align Technology against the Angelalign defendants. The court held that the applicant failed to demonstrate with the required degree of certainty that the defendants' 'A7 Premolar Extraction Solution' infringes claims 1, 14, and dependent claims of EP 4 295 806 B1, specifically because the applicant did not sufficiently establish that the first and second counter moments required by features 1.5.1 and 1.5.2 are realised within a single aligner. Costs were awarded against the applicant.

  Rechtsfragen anzeigen (9)

  • Infringement of claims 1, 10, 14 (and dependent claims 2, 3, 4, 9) — whether the A7 Premolar Extraction Solution implements all claim features in a single aligner
  • Claim construction: all features of claim 1 (including features 1.5.1 and 1.5.2) must be realised in one single appliance
  • Burden of proof for infringement in provisional measures proceedings
  • Sufficiency of disclosure of claims 1 and 14
  • Inventive step of claims 1 and 14 over D1 (WO 2008/115654) in combination with D2, D3, or D4
  • Liability of Defendant 2 as holding company/sole shareholder
  • Urgency and necessity of provisional measures
  • Security for enforcement (Art. 69(4) UPCA)
  • Admissibility of late-filed infringement arguments in the Reply