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UPC CFI 486/2024

Aug 14, 2024·EP3685783 Unitary patent · ENDOLUMINAL LASER ABLATION DEVICE FOR TREATING VEINS

Case details
Status
Case Closed
Action
Provisional measures
Category
Provisional measures
Parties
Claimants
Representatives
Division
Dusseldorf LD
Technology
  • Instruments
    Medical technology
Language
German
First decided
Sep 5, 2024
EPO Opposition
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 Berenice ThomLockedLocked
Judge Mojca MlakarLockedLocked

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

UPC CFI 292/2026

Start a free trial to see how each one ended.

More cases: Dusseldorf LD·2024

Decisions
  • 2024-09-05
    Application 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 titleDatePublic
Case closed2025-11-25Not public
Notification Of Service2024-10-31Not public
Service_LIGHTGUIDE International2024-10-31Not public
Notification Of Service2024-10-31Not public
Service_Light Guide Optics Germany GmbH2024-10-31Not public
Acknowledgement of access to case2024-10-30Not public
Acknowledgement of access to case2024-10-24Not public
Final Order on the application on provisional measures2024-09-05Public
Anlage CBH 51b - Maschinenübersetzung2024-08-23Not public
Anlage CBH 51a - Entscheidung der LK Den Haag vom 31.07.2024 - Amycel2024-08-23Not public
Plain-English summary

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.

Accepted arguments
What the court agreed with — by party.
  • 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 VerfO

    Note: 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 VerfO

    Note: 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.

Rejected arguments
What the court did not agree with — and why.
  • Market saturation from infringing products and long-term customer lock-in create irreparable harm justifying provisional measures

    Claimant

    Reason: 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

    Claimant

    Reason: 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.