UPC CFI 410/2023

At the UPC: MED-EL Elektromedizinische Geräte Gesellschaft m.b.H. (14 cases)·Advanced Bionics AG (12 cases)

• 2024-12-26
  Revocation ActionPublic

  Summary: The Paris Central Division dismissed Advanced Bionics' revocation actions (main and counterclaims) against MED-EL's EP 4 074 373 B1 (MRI-safe disk magnet for cochlear implants), maintaining the patent in the amended version of Auxiliary Request 0a after overcoming added-matter objections; costs were allocated 70% to the claimants and 30% to the defendant.

  Show the legal issues (5)

  • revocation for insufficiency of disclosure
  • added matter Art. 123(2) EPC
  • lack of inventive step
  • inventor as witness Art. 181 RoP
  • expedited issue ordering on most accessible ground
• 2024-07-10
  Public

  Summary: The Mannheim Local Division issued a procedural order in MED-EL v Advanced Bionics (UPC_CFI_410/2023, EP 4 074 373) concerning the referral of the counterclaim for revocation and patent amendment request to the Central Division. Following a parallel central revocation action (ACT_576555/2023, UPC_CFI_338/2023) which was already near completion, the Court addressed the question of whether to refer the counterclaim and the parties' submissions on that issue.

  Show the legal issues (3)

  • Referral of counterclaim for revocation to Central Division under Art. 33(3) UPCA
  • Parallel central revocation action
  • Patent amendment request