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UPC CFI 213/2025

Mar 18, 2025·EP2892442 · SURGICAL, TORQUE-TRANSMITTING INSTRUMENT INCLUDING ASSOCIATED TOOL

Case details
Status
Case Closed
Action
Provisional measures
Category
Provisional measures
Parties
Claimants
Representatives
Respondents
Representatives
Division
Dusseldorf LD
Technology
  • Instruments
    Medical technology
  • Mechanical engineering
    Machine tools
Language
German
First decided
Jun 10, 2025
Last decision
Jul 10, 2025
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Preliminary injunction grantedMedian days to first decision
All UPC54% (38/70)124
Dusseldorf LDLockedLocked
Judge Ronny ThomasLockedLocked
Judge Mojca MlakarLockedLocked
Judge Jule SchumacherLockedLocked
Judge Max TilmannLockedLocked

At the UPC: Aesculap AG (4 cases)·Shanghai International Holding Corporation GmbH (Europe) (6 cases)

Decisions
  • 2025-07-10
    Application for provisional measuresPublic

    Summary: The Düsseldorf Local Division granted Aesculap AG a preliminary injunction against Shanghai International Holding Corporation GmbH (Europe) based on EP 2 892 442 B1 (surgical instrument), with the court proceeding on the merits despite the defendant's non-appearance at the oral hearing; the defendant's general denial without substantive engagement was deemed inadequate.

    Show the legal issues (4)
    • Preliminary injunction
    • Non-appearance of defendant at oral hearing (R. 116 RoP)
    • Burden of denial (R. 171(2) RoP)
    • Patent infringement (surgical instrument)
  • 2025-06-23

    Summary: Procedural order of Düsseldorf Local Division (23 June 2025) providing preliminary guidance on the claim feature breakdown for EP 2 892 442 in preparation for the oral hearing of 1 July 2025 in an infringement action brought by Aesculap AG against Shanghai International Holding Corporation GmbH.

    Show the legal issues (3)
    • Oral hearing preparation
    • Claim feature breakdown
    • R. 9 RoP preliminary guidance
  • 2025-05-01

    Summary: The Düsseldorf Local Division issued a procedural order appointing a technically qualified judge (TQJ) under Art. 8(5) UPCA and Rule 34 RoP for the preliminary injunction proceedings in Aesculap AG's action against Shanghai International Holding Corporation GmbH.

    Show the legal issues (3)
    • Technically qualified judge appointment Art. 8(5) UPCA
    • Preliminary injunction
    • Patent validity assessment
Document titleDatePublic
Headnote-and-Keywords2025-07-30Not public
Outcome of the Order2025-07-30Not public
Androhung Zwangsgeld2025-07-30Public
Receipt2025-07-24Not public
2025-07-10 Order UPC - machine translation2025-07-23Not public
2025-07-23 Antrag Aesculap_Auslandszustellung 183 ZPO_signed2025-07-23Not public
Gelegenheit zur Stellungnahme2025-07-22Not public
Receipt2025-07-22Not public
2025-07-22 Antrag Zwangsgeld Aesculap2025-07-22Not public
Receipt2025-07-21Not public
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

Aesculap AG obtained a preliminary injunction from the Düsseldorf Local Division against Shanghai International Holding Corporation GmbH (Europe) for infringement of EP 2 892 442 B1 (surgical torque-transmitting instrument) covering Germany and France. The decision establishes two important procedural principles: where a defendant notifies non-appearance at the oral hearing in PI proceedings, the Court proceeds to a full merits decision rather than a default judgment; and a defendant that fails to specifically rebut individual factual allegations supported by concrete evidence will be treated as having conceded them under R. 171.2 RoP.

Accepted arguments
What the court agreed with — by party.
  • Defendant's failure to appear at oral hearing despite giving advance notice means Court proceeds on merits as if defendant were present, not restricted to default judgment

    ClaimantLegal basis: R. 116 RoP; R. 210.3 RoP

    Note: Court held that where defendant informs registry it will not appear, it is treated as relying only on its written submissions and the Court decides on the merits in PI proceedings.

  • General denial of infringement allegations without substantive engagement, where applicant has provided specific factual basis, does not constitute effective contest under R. 171.2 RoP

    ClaimantLegal basis: R. 171.2 RoP

    Note: Court held that where an applicant substantiates infringement with specific facts, the defendant must specifically dispute each allegation; mere statements about burden of proof result in the factual allegations being deemed undisputed.

  • Infringement of EP 2 892 442 B1 (surgical torque-transmitting instrument) by defendant's products in Germany and France

    ClaimantLegal basis: EP2892442B1

    Note: Preliminary injunction granted against Shanghai International Holding Corporation GmbH in Germany and France with penalty payments up to EUR 20,000 per day for internet offers.

Rejected arguments
What the court did not agree with — and why.
  • Remaining aspects of application (not specified in available excerpt)

    ClaimantLegal basis: Art. 62 UPCA

    Reason: Part of the provisional measures application was rejected; specific grounds not captured in the available excerpt.

Claim construction notes

The injunction order reproduces the technical claim features of EP 2 892 442 B1 in German, covering the torque-transmitting tool with functional sections for torque transmission, axial locking, and insertion aid arranged in specified axial relationship. No specific disputed claim terms are identified in the available excerpt.