UPC CFI 125/2025

At the UPC: AorticLab srl (6 cases)·Emboline, Inc. (6 cases)

• 2026-01-13
  Infringement ActionPublic

  Summary: Final decision on the merits in infringement action by Emboline, Inc. against AorticLab srl (EP 2 129 425, medical device). Court dismissed the infringement action finding the patent not infringed. The defendant's counterclaim for revocation was conditional (dependent on a finding of infringement), and since no infringement was found, no decision was made on the counterclaim. Both parties bear their own costs. Key headnotes: infringement not excluded by normal non-infringing operation if patent-compliant use remains possible; irregular use of a medical device in line with professional practice can constitute infringement; conditional counterclaim limited in scope (Rule 263.3 RoP).

  Show the legal issues (5)

  • Infringement of medical device patent
  • Normal non-infringing operation not excluding infringement
  • Conditional counterclaim for revocation (Rule 263.3 RoP)
  • Intra-procedural condition for counterclaim decision
  • Costs where no decision on counterclaim (Art. 69(3) UPCA)