UPC CoA 900/2025

Vor dem UPC: Lepu Medical (Europe) Cooperatief U.A. (8 Verfahren)·Occlutech GmbH (8 Verfahren)

• 2026-05-06
  Appeal RoP220.1Öffentlich

  Zusammenfassung: The appellants (Lepu Medical entities) withdrew their appeal against the Hamburg Local Division order that had granted a preliminary cease-and-desist injunction to Occlutech GmbH based on EP 2 387 951. The Court of Appeal permitted the withdrawal, declared the proceedings closed, and ordered the appellants to jointly bear Occlutech's costs of the appeal proceedings.

  Rechtsfragen anzeigen (3)

  • Withdrawal of appeal under Rule 265(1) RoP
  • Cost allocation upon withdrawal of appeal under Article 69 UPCA and Rule 150 et seq. RoP
  • Whether respondent has legitimate interest in appeal being decided rather than withdrawn
• 2025-11-07
  Application RoP 223Öffentlich

  Zusammenfassung: Court of Appeal (judge-rapporteur) rejected Lepu Medical's application for suspensive effect of its appeal against a preliminary injunction granted by the Hamburg Local Division in favour of Occlutech. The CoA held that Lepu failed to demonstrate that the impugned order contained manifest errors or that the appeal would become devoid of purpose without suspensive effect. Lepu's claim that enforcing the injunction would damage its reputation was insufficient to outweigh Occlutech's interest in preventing imminent patent infringement.

  Rechtsfragen anzeigen (3)

  • Suspensive effect of appeal against preliminary injunction (Art.74(1) UPCA, R.223 RoP)
  • Manifest error standard
  • Balancing reputational harm against patent holder's interest