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UPC CFI 1928/2025
Dec 10, 2025·EP3001984 +1 more: METHOD FOR CONTROLLING AN ORTHOPAEDIC JOINT
- Case details
- StatusWritten PhaseActionProvisional measuresCategoryProvisional Measures
- Parties
- ClaimantsReps: Sören Dahm (Kather Augenstein); Robert Knaps (Kather Augenstein); Nicole Schopp (Kather Augenstein); Christoph Heringlake (Kather Augenstein); Kai Stornebel (Gramm, Lins & Partner Patent- und Rechtsanwälte PartGmbH)RespondentsReps: Alexander Bulling (DREISS Patentanwälte Stuttgart); Matthias Sonntag (Gleiss Lutz Hoots Hirsch PartmbB Rechtsanwälte); Mischa Krumm (Gleiss Lutz Hoots Hirsch PartmbB Rechtsanwälte)
- Division
- Dusseldorf LD
- Technology
- Pharmaceutical & Medical
- Language
- German
- First decided
- May 7, 2026
Claims
At issueclaim 1 (restricted form — limited to prosthetic knee joint with alternating stair-ascending special function)
Not infringedclaim 1 (restricted form)
Notes: Infringement of restricted claim 1 (indirect/contributory) could not be established with requisite certainty. The court did not rule on validity (legal existence/Rechtsbestand) as it was not decisive given the finding on infringement and urgency.
Decisions
- 2026-05-07PI deniedPreliminary injunctionApplication for provisional measures
The Local Division Düsseldorf dismissed the application for provisional measures filed by Ottobock against Wilhelm Julius Teufel GmbH and MedEnvoy Global BV concerning patent EP 3 001 984 B1. The court found that infringement could not be established with the required certainty because the accused product's stair-climbing mode is triggered by an artificial 'donkey-kick' movement rather than natural walking motions as required by the patent claim. Additionally, the court could not exclude that Ottobock delayed unreasonably in bringing the application, having likely been aware of potential infringement since at least early July 2025 but not filing until December 2025.
Legal issues:Whether the accused product (Knreuro microprocessor knee joint) infringes claim 1 of EP 3 001 984 B1 (indirect/contributory infringement)Claim construction of 'criteria' (Kriterien) aggregating multiple parameters for comparison versus sequential threshold comparisons of individual parametersWhether the stair-ascending mode of the accused product is triggered by natural/intuitive prosthetic movement or by artificial deliberate activation movements ('Donkey-Kick')Unreasonable delay (unangemessenes Zuwarten) under R. 211.4 RoP — whether claimant knew or should have known of potential infringement significantly earlier than the filing dateWhether MedEnvoy Global BV as EU regulatory representative (MDR Art. 11) qualifies as an intermediary (Mittelsperson) under Art. 63(1), 62(1) UPCAAdmissibility of late submissions by respondents pursuant to R. 9.1, 209.1(a) RoP
Documents
| Document title | Date | Public |
|---|---|---|
| Final Order | 2026-05-07 | Public |
| action.phaseChange.caseClose | 2026-05-07 | Not public |
| action.issueDecision.decision | 2026-05-07 | Not public |
| Final Order | 2026-05-07 | Not public |
| Hearing recording reference document | 2026-04-23 | Not public |
| action.phaseChange.oralPhaseOpen | 2026-04-21 | Not public |
| Other Documents | 2026-04-21 | Public |
| Receipt | 2026-04-14 | Not public |
| Cover sheet | 2026-04-14 | Not public |
| Exhibit Applicant | 2026-04-14 | Not public |
| Exhibit Applicant | 2026-04-14 | Not public |
| Submission Applicant | 2026-04-14 | Not public |
| Receipt | 2026-04-10 | Not public |
| Cover sheet | 2026-04-10 | Not public |
| Document | 2026-04-10 | Not public |
| action.issueOrder.order | 2026-04-10 | Not public |
| Order | 2026-04-10 | Public |
| Receipt | 2026-04-08 | Not public |
| Cover sheet | 2026-04-08 | Not public |
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| Receipt | 2026-03-31 | Not public |
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| action.communication.general | 2026-03-25 | Not public |
| Receipt | 2026-03-23 | Not public |
| Cover sheet | 2026-03-23 | Not public |
| Exhibit Defendant | 2026-03-23 | Not public |
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| Exhibit Defendant | 2026-03-23 | Not public |
| Exhibit Defendant | 2026-03-23 | Not public |
| Application document Defendant | 2026-03-23 | Not public |
| Receipt | 2026-03-02 | Not public |
| Cover sheet | 2026-03-02 | Not public |
| Statement of rejoinder | 2026-03-02 | Not public |
| Exhibit Defendant | 2026-03-02 | Not public |
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| Receipt | 2026-02-09 | Not public |
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| Statement of reply | 2026-02-09 | Not public |
| Other Documents | 2026-02-04 | Not public |
| action.issueOrder.order | 2026-01-27 | Not public |
| Order | 2026-01-27 | Not public |
| Receipt | 2026-01-19 | Not public |
| Cover sheet | 2026-01-19 | Not public |
| Statement of defence | 2026-01-19 | Not public |
| Exhibit document Defendant | 2026-01-19 | Not public |
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| action.publishOrderDecision.case | 2026-01-16 | Not public |
| Service Receipt/Service Document | 2026-01-16 | Not public |
| Service Receipt/Service Document | 2026-01-16 | Not public |
| action.issueOrder.order | 2026-01-07 | Not public |
| Order | 2026-01-07 | Not public |
| Receipt | 2026-01-06 | Not public |
| Cover sheet | 2026-01-06 | Not public |
| Document | 2026-01-06 | Not public |
| action.communication.general | 2026-01-05 | Not public |
| Receipt | 2026-01-05 | Not public |
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| Application document Defendant | 2026-01-05 | Not public |
| Receipt | 2025-12-30 | Not public |
| Cover sheet | 2025-12-30 | Not public |
| Other document Claimant | 2025-12-30 | Not public |
| action.communication.general | 2025-12-23 | Not public |
| Receipt | 2025-12-23 | Not public |
| Cover sheet | 2025-12-23 | Not public |
| Application document Defendant | 2025-12-23 | Not public |
| action.issueOrder.order | 2025-12-12 | Not public |
| Order | 2025-12-12 | Not public |
| Cover sheet | 2025-12-10 | Not public |
| Fee | 2025-12-10 | Not public |
| Application for provisional measures | 2025-12-10 | Not public |
| Other documents | 2025-12-10 | Not public |
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| Exhibit document Claimant | 2025-12-10 | Not public |
| Proof of payment | 2025-12-10 | Not public |
| Receipt | 2025-12-10 | Not public |
Accepted arguments
What the court agreed with — by party.
The patent's claimed 'criteria' must reflect natural movement patterns allowing intuitive, automatic control — not artificial activation movements — based on the patent description's explicit distinction from prior art requiring conscious switching movements
RespondentLegal basis: Art. 69 EPC and Protocol on Interpretation; claim construction from perspective of skilled person in context of entire patent specificationThe accused product's stair-climbing mode is triggered by the 'Donkey-Kick' — a deliberate, conspicuous backward and forward hip movement — which constitutes an artificial activation movement, not a natural gait parameter, so feature 1.2b) is not met
RespondentLegal basis: R. 211.2 RoP — infringement not established with requisite certaintyClaimant could not exclude unreasonable delay: the accused product was exhibited at US trade fairs in autumn 2024/early 2025 and marketed in European trade press from February 2025, such that claimant should have known of potential infringement no later than early July 2025, but did not file until December 2025
RespondentLegal basis: R. 211.4 RoP
Rejected arguments
What the court did not agree with — and why.
An IF-function with three parameters compared sequentially via AND-logic and combined threshold checks constitutes 'criteria aggregating multiple parameters' within the meaning of feature 1.2b)
ClaimantLegal basis: Claim construction of 'Kriterien' under Art. 69 EPCThe stair-climbing mode for subsequent steps (beyond the initial step) uses movements comparable to natural prosthetic gait and thus satisfies feature 1.2b)
ClaimantLegal basis: R. 211.2 RoPClaimant acted with sufficient urgency by only learning of potential infringement upon purchasing the device in October 2025 and conducting gait-lab tests in November 2025 before filing in December 2025
ClaimantLegal basis: R. 211.4 RoP