UPC CFI 684/2025

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

• 2026-10-16
  InfringementÖffentlich

  Zusammenfassung: Paris LD holds that defendants 1, 2, 4 and 5 infringed claims 1, 4, 5, 7 and 8 of EP2237738 in 17 UPC states and grants an injunction with penalties, damages (amount to be determined), information, recall, destruction and removal. The counterclaim for revocation is dismissed on the merits (patent valid, conditional auxiliary request not reached); enforcement is not made conditional on security; the action against defendant 3 and for the UK is dismissed.

  Rechtsfragen anzeigen (8)

  • Infringement of claims 1, 4, 5, 7, 8 (clear aligner torque ridge)
  • Counterclaim for revocation: added matter, insufficiency, inventive step (dismissed)
  • Claim construction of 'buccal'
  • Liability of holding-company defendant 3 (rejected)
  • Damages from 12 July 2023 (Art 68 UPCA)
  • Security for enforcement refused (Art 82(2) UPCA)
  • Publication of decision (Art 80) refused
  • UK part of the patent
• 2026-06-05
  Infringement ActionÖffentlich

  Zusammenfassung: The judge-rapporteur granted Align Technology's application under R. 9.2 RoP to declare inadmissible and disregard the defendants' new non-infringement arguments (paragraphs 49-57 of the Rejoinder) and exhibits AR 12 and AR 13, finding those arguments were not responsive to any new grounds raised by the claimant and should have been included in the Statement of Defence. The alternative request to give the claimant an opportunity to reply in writing was found devoid of purpose.

  Rechtsfragen anzeigen (3)

  • Admissibility of late-filed non-infringement arguments in rejoinder (R. 9.2 RoP)
  • Whether defendants' new non-infringement arguments regarding features 1.3 and 1.3.4 were responsive to new grounds raised by claimant in reply
  • Procedural fairness and the timing of pleadings