UPC CFI 486/2024
Aug 14, 2024·EP3685783 Unitary patent · ENDOLUMINAL LASER ABLATION DEVICE FOR TREATING VEINS
- Case details
- StatusCase ClosedActionProvisional measuresCategoryProvisional measures
- Parties
- Claimants
- biolitec Holding GmbH & Co. KGOperating co.
Representatives- Paul Szynka-CBH Rechtsanwälte
- Hannes Jacobsen-CBH Rechtsanwälte
- Alexander Fischer-CBH Rechtsanwälte
Respondents- Light Guide Optics Germany GmbHOperating co.
- S.I.A. LIGHTGUIDE InternationalOperating co.
Representatives- Jörg Schmidt-Wildanger Kehrwald Graf von Schwerin & Partner mbB
- Division
- Dusseldorf LD
- Technology
- InstrumentsMedical technology
- Language
- German
- First decided
- Sep 5, 2024
- EPO Opposition
- Light Guide Optics Germany GmbHAdmissible2024-07-19
| Preliminary injunction granted | Median days to first decision | |
|---|---|---|
| All UPC | 54% (38/70) | 124 |
| Dusseldorf LD | Locked | Locked |
| Judge Ronny Thomas | Locked | Locked |
| Judge Berenice Thom | Locked | Locked |
| Judge Mojca Mlakar | Locked | Locked |
At the UPC: biolitec Holding GmbH & Co. KG (7 cases)·Light Guide Optics Germany GmbH (6 cases)
This dispute contains 5 other proceedings
UPC CFI 256/2025·UPC CFI 155/2025·UPC CFI 714/2024·UPC CoA 540/2024·UPC APP 67626/2024
1 other defendants litigating the same or a related patent
Start a free trial to see how each one ended.
More cases: Dusseldorf LD·2024
- 2024-09-05Application for provisional measuresPublic
Summary: The Düsseldorf Local Division rejected Bioletic's application for a preliminary injunction concerning EP 3 685 783 B1 without an oral hearing, holding that the applicant had failed to demonstrate why a main action would be insufficient and had not established an ongoing or imminent harm justifying urgent provisional relief.
Show the legal issues (3)
- urgency requirement for provisional measures
- substantive necessity for interim relief vs main action
- dismissal without oral hearing R.209.1-2 RoP
| Document title | Date | Public |
|---|---|---|
| Case closed | 2025-11-25 | Not public |
| Notification Of Service | 2024-10-31 | Not public |
| Service_LIGHTGUIDE International | 2024-10-31 | Not public |
| Notification Of Service | 2024-10-31 | Not public |
| Service_Light Guide Optics Germany GmbH | 2024-10-31 | Not public |
| Acknowledgement of access to case | 2024-10-30 | Not public |
| Acknowledgement of access to case | 2024-10-24 | Not public |
| Final Order on the application on provisional measures | 2024-09-05 | Public |
| Anlage CBH 51b - Maschinenübersetzung | 2024-08-23 | Not public |
| Anlage CBH 51a - Entscheidung der LK Den Haag vom 31.07.2024 - Amycel | 2024-08-23 | Not public |
Bioletic Holding GmbH & Co. KG applied to the Düsseldorf Local Division for a preliminary injunction against Light Guide Optics Germany GmbH and S.I.A. LIGHTGUIDE International based on EP 3 685 783 B1 (endoluminal laser ablation device for vein treatment). The court rejected the application without oral hearing, finding that Bioletic had not specifically demonstrated why a main action would be insufficient to provide adequate legal protection; the evidence of harm (market saturation, distributor estimates, Italian tenders) was speculative and insufficient to establish the substantive necessity for provisional measures.
Applicant failed to demonstrate why a main action would be insufficient to provide adequate legal protection, making provisional measures unnecessary
RespondentLegal basis: R. 206; R. 209.1-2 VerfONote: Court held that the substantive necessity of provisional measures requires a specific showing that the harm cannot be adequately compensated through a main action; mere invocation of urgency timeframes is insufficient.
Court may dismiss provisional measures application without oral hearing where applicant indicates no further oral discussion is needed if court maintains its preliminary view
RespondentLegal basis: R. 209.1-2 VerfONote: After the court signalled the application lacked merit, Bioletic indicated no further hearing was needed; the court exercised its discretion to dismiss without oral hearing.
Market saturation from infringing products and long-term customer lock-in create irreparable harm justifying provisional measures
ClaimantReason: Bioletic's evidence of market saturation (6–12 months) and customer lock-in was based on speculation and estimates of one distributor rather than concrete evidence; no specific harm was shown that could not be compensated monetarily in main proceedings.
Ongoing tenders in Italy creating long-term binding commitments justify urgent provisional measures
ClaimantReason: The reference to tenders was too generic and did not substantiate specific, concrete harm of the magnitude justifying provisional measures rather than a main action.
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