UPC_CFI_213/2025
SURGICAL, TORQUE-TRANSMITTING INSTRUMENT INCLUDING ASSOCIATED TOOL
Aesculap AG obtained a preliminary injunction from the Düsseldorf Local Division against Shanghai International Holding Corporation GmbH (Europe) for infringement of EP 2 892 442 B1 (surgical torque-transmitting instrument) covering Germany and France. The decision establishes two important procedural principles: where a defendant notifies non-appearance at the oral hearing in PI proceedings, the Court proceeds to a full merits decision rather than a default judgment; and a defendant that fails to specifically rebut individual factual allegations supported by concrete evidence will be treated as having conceded them under R. 171.2 RoP.
Defendant's failure to appear at oral hearing despite giving advance notice means Court proceeds on merits as if defendant were present, not restricted to default judgment
KlägerRechtsgrundlage: R. 116 RoP; R. 210.3 RoPHinweis: Court held that where defendant informs registry it will not appear, it is treated as relying only on its written submissions and the Court decides on the merits in PI proceedings.
General denial of infringement allegations without substantive engagement, where applicant has provided specific factual basis, does not constitute effective contest under R. 171.2 RoP
KlägerRechtsgrundlage: R. 171.2 RoPHinweis: Court held that where an applicant substantiates infringement with specific facts, the defendant must specifically dispute each allegation; mere statements about burden of proof result in the factual allegations being deemed undisputed.
Infringement of EP 2 892 442 B1 (surgical torque-transmitting instrument) by defendant's products in Germany and France
KlägerRechtsgrundlage: EP2892442B1Hinweis: Preliminary injunction granted against Shanghai International Holding Corporation GmbH in Germany and France with penalty payments up to EUR 20,000 per day for internet offers.
Remaining aspects of application (not specified in available excerpt)
KlägerRechtsgrundlage: Art. 62 UPCABegründung: Part of the provisional measures application was rejected; specific grounds not captured in the available excerpt.
Weitere Fälle zu diesem Grundsatz ansehen.
The injunction order reproduces the technical claim features of EP 2 892 442 B1 in German, covering the torque-transmitting tool with functional sections for torque transmission, axial locking, and insertion aid arranged in specified axial relationship. No specific disputed claim terms are identified in the available excerpt.