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UPC APP 34714/2025

·EP2515768: MOTOR-DRIVEN SURGICAL CUTTING INSTRUMENT WITH ELECTRIC ACTUATOR DIRECTIONAL CONTROL ASSEMBLY

Case details
Status
Action
Procedural application
Category
Case Management Orders
Parties
Claimants
Reps: Tilman Müller-Stoy (Bardehle Pagenberg)
Respondents
Reps: Peter Koch (PENFORCE); Frank Meyer-Wildhagen (MFG Patentanwälte PartG mbB)
Division
Court of Appeal
Judges
Technology
Electrical Components
Language
First decided
Aug 15, 2025
Decisions
  • 2025-08-15
    Application Rop 223

    Court of Appeal refused Rivolution's application for suspensive effect of its appeal against Munich Local Division's preliminary injunction granted to Cilag and Ethicon for infringement of EP 2 515 768. The Court held that in the absence of the grounds for decision, manifest error can only be established if the operative part pronounces a legal consequence not derived from the UPCA or RoP. No such manifest error was found.

    Legal issues:Application for suspensive effect (R. 223 RoP, Art. 74 UPCA)Manifest error without grounds for decisionPreliminary injunction appeal
Documents
  • Rivolution%20v%20Cilak%20Order%20susp.%20effect.ENpdf_.pdf2025-08-15GERMAN