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UPC CFI 307/2025

Apr 2, 2025·EP2892442 · SURGICAL, TORQUE-TRANSMITTING INSTRUMENT INCLUDING ASSOCIATED TOOL

Case details
Status
Case Closed (Patent infringed)
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Division
Dusseldorf LD
Technology
  • Instruments
    Medical technology
  • Mechanical engineering
    Machine tools
Language
German
First decided
Dec 4, 2025
Last decision
Oct 16, 2026
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.
Infringement foundMedian days to first decision
All UPC53% (62/117)124
Dusseldorf LDLockedLocked
Judge Ronny ThomasLockedLocked
Judge Mojca MlakarLockedLocked
Judge Jule SchumacherLockedLocked
Judge Max TilmannLockedLocked

At the UPC: Aesculap AG (4 cases)·Shanghai Bojin Medical Instrument Co. Ltd (1 case)

Decisions
  • 2026-10-16
    InfringementPublic

    Summary: The Düsseldorf Local Division rejects the claimant's R. 353 RoP request to correct the operative part and paragraphs 125-126 of its decision of 1 September 2026 (changing a suspensive condition to a condition subsequent for UK-related orders). The request is admissible but unfounded because the decision contains no clerical, arithmetic or obvious error.

    Show the legal issues (3)
    • R. 353 RoP rectification of a decision
    • Condition subsequent (R. 118.2 RoP) for UK-related injunction
    • Obvious error vs substantive correction
  • 2026-09-01
    InfringementPublic

    Summary: Düsseldorf Local Division decision (Panel 1, 1 Sep 2026) in Aesculap AG v Shanghai International Holding Corporation GmbH (Europe) (EP 2 892 442 B1, surgical cutting tools 'Bojin' drill bits): the court finds the attacked embodiments realise claims 1 and 6, holds that the Hamburg-seated defendant 2, as the Chinese manufacturer's EU authorised representative under Art. 11 MDR, is not itself an infringer but an intermediary under Art. 63(1) s.2 UPCA, and orders it to cease providing those services for the offering, placing on the market, use or import of the tools in Germany, France and the United Kingdom (UK relief conditional on the UK part not being invalidated), plus information for Germany and France and penalty payments; the further requests (recall, destruction, damages, UK information) are dismissed; costs split 50/50; cost ceiling EUR 112,000; no stay pending the CJEU referral in Dyson v Dreame. The action against defendants 1 and 3 (Shanghai Bojin Medical Instrument Co. Ltd, Shanghai Bojin Electric Instrument & Device Co., Ltd) ended by a settlement confirmed on 27 Aug 2026.

    Show the legal issues (5)
    • liability of an EU authorised representative (Art. 11 MDR) as intermediary under Art. 63(1) s.2 UPCA, not as infringer
    • long-arm jurisdiction over the United Kingdom part (BSH v Electrolux line; relief conditional on UK validity)
    • R. 116.3 RoP
    • no stay pending the CJEU referral in Dyson v Dreame (R. 295(m) RoP)
    • settlement with the Chinese manufacturer defendants confirmed 27 Aug 2026
  • 2026-08-27
    InfringementPublic

    Summary: Duesseldorf Local Division decision confirming a settlement under R.365(1) sentence 2 RoP between the claimant and defendants 1 and 3, whose terms are confidential and redacted from the published decision. Each of those parties bears its own costs with no reimbursement; the decision is provisionally enforceable without security. PARTIAL: the proceedings are terminated only as between the claimant and defendants 1 and 3, and EXPRESSLY CONTINUE against defendant 2. [operative 'ANORDNUNG', items I-V]

    Show the legal issues (4)
    • confirmation of a settlement under R.365(1) RoP
    • confidentiality of settlement terms under R.365(2) RoP
    • costs follow the parties' agreement
    • partial termination leaving proceedings on foot against a non-settling defendant
  • 2025-12-04

    Summary: The Düsseldorf Local Division issued a procedural order in the Aesculap v. Shanghai Bojin medical instrument case, scheduling the oral hearing and addressing requests for claim extension (R. 263), addition of a party (R. 305), and reinstatement in prior status (R. 320).

    Show the legal issues (4)
    • R. 28 RoP scheduling of oral hearing
    • R. 263 RoP amendment of claim
    • R. 305 RoP addition of party
    • R. 320 RoP reinstatement in prior status
Document titleDatePublic
Communication2026-10-16Not public
Publication of order2026-10-16Not public
Order2026-10-16Not public
Order2026-10-16Public
Communication2026-10-08Not public
Order2026-10-07Not public
Order2026-10-07Public
Communication2026-10-01Not public
Receipt2026-10-01Not public
Cover sheet2026-10-01Not public
Accepted arguments
What the court agreed with — by party.
  • The attacked 'Bojin' drill bits realise claims 1 and 6 of EP 2 892 442 (Zweiflach and Eindrehhilfe features)

    ClaimantLegal basis: Art. 25 UPCA; claim construction
  • Defendant 2, as EU authorised representative under Art. 11 MDR, makes a decisive contribution to placing the products on the market and can be enjoined as an intermediary, also for the United Kingdom

    ClaimantLegal basis: Art. 63(1) s.2 UPCA; Art. 71b Brussels Ia
Rejected arguments
What the court did not agree with — and why.
  • Defendant 2 itself imports and distributes the products and is a (joint) infringer liable for information, recall, destruction and damages, including under UK law

    ClaimantLegal basis: Art. 25 UPCA; Section 60 Patents Act 1977
  • The proceedings should be stayed pending the CJEU referral in Dyson v Dreame

    RespondentLegal basis: R. 295(m), 266.5 RoP