Overview · Filed: Jun 19, 2025
UPC_CFI_553/2025
Braided medical device and manufacturing method therefore
Provisional measuresProvisional MeasuresHamburg LDProvisional measuresCase Closed
This case cites
Authorities cited within the decisions on file for this case.
EPC article · 2
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| Article 33(1) UPCA | competence — place of threatened infringement | Binding | Art. 5.1 regulation (EU) 2017/745 on medical devices, Art. 33 (1) lit. a UPCA |
| Article 62 UPCA | provisional measures | Binding | Preliminary injunction; Art. 62(2) UPCA; Imminent infringement, R. 206.2 lit. c) RoP |
Rules of Procedure · 2
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 206.2 | imminent infringement — provisional measures | Binding | By obtaining (and publicly announcing) CE-mark approval for the attacked (implantable) medical devices, providing 'ordering information' and announcing to show-case their products on a trade fair, the Defendants have set the stage to market these products, R. 206.2 lit. c) RoP. |
| 213 | date for commencement of main proceedings after provisional measures | Binding | The Court shall ensure that provisional measures are revoked or otherwise cease to have effect, upon request of the defendant, without prejudice to the damages which may be claimed, if, within a time period not exceeding 31 calendar days or 20 working days |
UPC Court of Appeal · 2
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| UPC_CoA_523/2024 | cost decision justified in inter partes provisional measures proceedings | Persuasive | According to the case law of the Court of Appeal (Order of 3 March 2025, UPC_CoA_523/2024 – Sumi Agro/Syngenta; Order of 6 August 2024, UPC_CoA_335/2024, 10x Genomics/NanoString) |
| UPC_CoA_335/2024 | cost decision justified in inter partes provisional measures proceedings | Persuasive | Order of 6 August 2024, UPC_CoA_335/2024, 10x Genomics/NanoString |
UPC (CFI) · 2
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| UPC_CFI_701/2024 | cost decision in provisional measures proceedings concludes action | Persuasive | a decision on the obligation to bear legal costs is justified in inter partes proceedings for provisional measures, since it concludes the action (Order of 21 February 2025, ORD_68880/2024, UPC_CFI_701/2024 |
| UPC_CFI_124/2024 | cost decision justified in provisional measures proceedings | Persuasive | Order of 26 June 2024, ORD_38032/2024, UPC_CFI_124/2024 |
courtName.other · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| EU Regulation 2017/745 Art. 5(1) | CE marking required — imminent infringement | Binding | Since a CE marking is required for placing a medical device in any of the EU member states, obtaining such a CE-mark approval gives an indication of an expected market entry of the device in any of the EU member states including in Germany in the foreseeable future (Art. 5.1 regulation (EU) 2017/745 on medical devices, Art. 33 (1) lit. a UPCA). |
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