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UPC CFI 481/2026

Feb 5, 2026·EP2581193 +1 more: Process for the manufacture of implants or intermediate products of such implants as well as implants and intermediate products obtained by such process

Case details
Status
Written Phase
Action
Infringement
Category
Main Infringement Action
Parties
Claimants
Reps: Mike Gruber (Carpmaels & Ransford); John Brunner (Carpmaels & Ransford)
Respondents
Reps: Jörg Wahl (Viering, Jentschura & Partner mbB); Clemens Gillen (Viering, Jentschura & Partner mbB); Christian Meyer (Maiwald); Derk Voss (Maiwald)
Division
Hamburg LD
Judges
Technology
Medical Devices · Implants · Pharmaceutical & Medical
Language
English
First decided
May 7, 2026
Decisions
  • 2026-05-07
    DismissedInfringement meritsInfringement Action

    The Local Division Hamburg dismissed the infringement action as inadmissible, finding that the UPC lacks competence over EP 2 581 193 B1 because the opt-out filed on 30 March 2023 remains valid and in effect. The withdrawal of the opt-out filed by Claimant 1 on 4 February 2026 was held to be invalid and ineffective because a national revocation action had already been brought before the German Federal Patent Court on 9 January 2026, prior to the withdrawal, triggering the blocking effect under Art. 83(4) UPCA and Rule 5.8 RoP.

    Legal issues:Validity of opt-out declaration filed by registered but subsequently non-entitled patent proprietor under Art. 83(3) UPCARetroactive effect of entitlement decisions on opt-out declarations under Art. 83(4) UPCABlocking effect of national revocation action on withdrawal of opt-out under Art. 83(4) UPCA and Rule 5.8 RoPDefinition of when an action is 'brought' before a national court for purposes of Art. 83(4) UPCAWhether a protective order by a national court precludes the filing of a revocation action for blocking opt-out withdrawalUPC competence and jurisdiction over patent subject to valid opt-out
Documents
Document titleDatePublic
action.issueOrder.order2026-06-01Not public
Order2026-06-01Not public
Receipt2026-06-01Not public
Cover sheet2026-06-01Not public
Exhibit Defendant2026-06-01Not public
Exhibit Defendant2026-06-01Not public
Exhibit Defendant2026-06-01Not public
Exhibit Defendant2026-06-01Not public
Exhibit Defendant2026-06-01Not public
Exhibit Defendant2026-06-01Not public
Exhibit Defendant2026-06-01Not public
Exhibit Defendant2026-06-01Not public
Application document Defendant2026-06-01Not public
action.communication.general2026-05-31Not public
Receipt2026-05-29Not public
Cover sheet2026-05-29Not public
Application Respondent2026-05-29Not public
action.communication.general2026-05-28Not public
Receipt2026-05-28Not public
Cover sheet2026-05-28Not public
Application Respondent2026-05-28Not public
action.publishOrderDecision.decision2026-05-13Not public
action.issueDecision.decision2026-05-07Not public
Decision2026-05-07Public
Receipt2026-04-27Not public
Cover sheet2026-04-27Not public
Exhibit Claimant2026-04-27Not public
Exhibit Claimant2026-04-27Not public
Exhibit Claimant2026-04-27Not public
Document Claimant2026-04-27Not public
Receipt2026-04-22Not public
Cover sheet2026-04-22Not public
Submission Claimant2026-04-22Not public
Receipt2026-04-20Not public
Cover sheet2026-04-20Not public
Exhibit Defendant2026-04-20Not public
Submission Defendant2026-04-20Not public
Receipt2026-04-17Not public
Cover sheet2026-04-17Not public
Exhibit Defendant2026-04-17Not public
Submission Defendant2026-04-17Not public
action.issueOrder.order2026-04-13Not public
Order2026-04-13Not public
Receipt2026-04-07Not public
Cover sheet2026-04-07Not public
Exhibit Claimant2026-04-07Not public
Document Claimant2026-04-07Not public
Exhibit Claimant2026-04-07Not public
Exhibit Claimant2026-04-07Not public
Exhibit Claimant2026-04-07Not public
action.issueOrder.order2026-03-24Not public
Order2026-03-24Not public
Receipt2026-03-24Not public
Cover sheet2026-03-24Not public
Application document Defendant2026-03-24Not public
Exhibit Defendant2026-03-24Not public
Exhibit Defendant2026-03-24Not public
Exhibit Defendant2026-03-24Not public
Exhibit Defendant2026-03-24Not public
Exhibit Defendant2026-03-24Not public
Exhibit Defendant2026-03-24Not public
Exhibit Defendant2026-03-24Not public
Exhibit Defendant2026-03-24Not public
Exhibit Defendant2026-03-24Not public
Exhibit Defendant2026-03-24Not public
action.issueOrder.order2026-03-24Not public
Order2026-03-24Not public
Receipt2026-03-23Not public
Cover sheet2026-03-23Not public
Application document Defendant2026-03-23Not public
Exhibit Defendant2026-03-23Not public
Exhibit Defendant2026-03-23Not public
Exhibit Defendant2026-03-23Not public
Exhibit Defendant2026-03-23Not public
Exhibit Defendant2026-03-23Not public
Exhibit Defendant2026-03-23Not public
Exhibit Defendant2026-03-23Not public
Exhibit Defendant2026-03-23Not public
Exhibit Defendant2026-03-23Not public
Exhibit Defendant2026-03-23Not public
Exhibit Defendant2026-03-23Not public
Exhibit Defendant2026-03-23Not public
Service Receipt/Service Document2026-03-23Not public
Service Receipt/Service Document2026-03-19Not public
Service Receipt/Service Document2026-03-19Not public
Service Receipt/Service Document2026-03-18Not public
Service Receipt/Service Document2026-03-09Not public
Service Receipt/Service Document2026-03-09Not public
Service Receipt/Service Document2026-03-04Not public
action.publishOrderDecision.case2026-03-04Not public
action.communication.general2026-02-10Not public
Receipt2026-02-05Not public
Cover sheet2026-02-05Not public
Fee2026-02-05Not public
Exhibit document Claimant2026-02-05Not public
Statement of claim2026-02-05Not public
Exhibit document Claimant2026-02-04Not public
Exhibit document Claimant2026-02-04Not public
Exhibit document Claimant2026-02-04Not public
Exhibit document Claimant2026-02-04Not public
Exhibit document Claimant2026-02-04Not public
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Exhibit document Claimant2026-02-04Not public
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Exhibit document Claimant2026-02-04Not public
Exhibit document Claimant2026-02-04Not public
Proof of payment2026-02-04Not public
Accepted arguments
What the court agreed with — by party.

  • The opt-out filed on 30 March 2023 by Defendant 1), as then formally registered and material owner, was valid; entitlement decisions have no retroactive effect so the opt-out remains valid

    RespondentLegal basis: Art. 83(3) UPCA; Rules 8.4, 8.5 RoP; § 8 PatG; Art. II § 5 I IntPatÜG

  • The withdrawal of the opt-out on 4 February 2026 was invalid because the revocation action filed by PTH&A before the German Federal Patent Court on 9 January 2026 constituted a prior national action triggering the blocking effect

    RespondentLegal basis: Art. 83(4) UPCA; Rule 5.8 RoP; Section 81(4) German Patent Act; Art. 32(1) Brussels Ibis

  • The protective order of the Regional Court Munich did not preclude the effective filing of the revocation action by PTH&A, which was an independent third party not subject to the protective order

    RespondentLegal basis: Art. 83(4) UPCA
Rejected arguments
What the court did not agree with — and why.

  • Defendant 1)'s opt-out was invalid because it was filed by an unauthorised patent applicant without substantive rights, as determined by the later entitlement decision

    ClaimantLegal basis: Art. 83(3) UPCA

  • The withdrawal of the opt-out was valid because Claimant 1) had substantive rights to the patent as its rightful owner

    ClaimantLegal basis: Art. 83(4) UPCA; Rule 5.8 RoP

  • The national nullity action did not count as an action under Art. 83(4) UPCA because it was filed in violation of a protective order by a court of a UPC Member State

    ClaimantLegal basis: Art. 83(4) UPCA

  • Questions of opt-out validity and jurisdiction are intertwined with the merits and should be dealt with in main proceedings under Rule 20.2 RoP

    ClaimantLegal basis: Rule 20.2 RoP