UPC_CFI_628/2024

Final decision on the merits in infringement action by Emboline, Inc. against AorticLab srl (EP 2 129 425, medical device). Court dismissed the infringement action finding the patent not infringed. The defendant's counterclaim for revocation was conditional (dependent on a finding of infringement), and since no infringement was found, no decision was made on the counterclaim. Both parties bear their own costs. Key headnotes: infringement not excluded by normal non-infringing operation if patent-compliant use remains possible; irregular use of a medical device in line with professional practice can constitute infringement; conditional counterclaim limited in scope (Rule 263.3 RoP).