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UPC CFI 684/2025

Aug 18, 2025·EP2237738 Unitary patent · ORTHODONTIC REPOSITIONING APPLIANCES HAVING IMPROVED GEOMETRY, METHODS AND SYSTEMS

Case details
Status
Case Closed (Patent infringed)
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Division
Paris LD
Technology
  • Instruments
    Medical technology
Language
English
First decided
Jun 5, 2026
Last decision
Oct 16, 2026
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.
Infringement foundMedian days to first decision
All UPC53% (62/117)124
Paris LDLockedLocked
Judge Camille LignièresLockedLocked
Judge Carine GilletLockedLocked
Judge Marjolein VisserLockedLocked
Judge Elisabetta PapaLockedLocked

At the UPC: Align Technology, Inc. (8 cases)·Angelalign Group (8 cases)

Decisions
  • 2026-10-16
    InfringementPublic

    Summary: Paris LD holds that defendants 1, 2, 4 and 5 infringed claims 1, 4, 5, 7 and 8 of EP2237738 in 17 UPC states and grants an injunction with penalties, damages (amount to be determined), information, recall, destruction and removal. The counterclaim for revocation is dismissed on the merits (patent valid, conditional auxiliary request not reached); enforcement is not made conditional on security; the action against defendant 3 and for the UK is dismissed.

    Show the legal issues (8)
    • Infringement of claims 1, 4, 5, 7, 8 (clear aligner torque ridge)
    • Counterclaim for revocation: added matter, insufficiency, inventive step (dismissed)
    • Claim construction of 'buccal'
    • Liability of holding-company defendant 3 (rejected)
    • Damages from 12 July 2023 (Art 68 UPCA)
    • Security for enforcement refused (Art 82(2) UPCA)
    • Publication of decision (Art 80) refused
    • UK part of the patent
  • 2026-06-05
    Infringement ActionPublic

    Summary: The judge-rapporteur granted Align Technology's application under R. 9.2 RoP to declare inadmissible and disregard the defendants' new non-infringement arguments (paragraphs 49-57 of the Rejoinder) and exhibits AR 12 and AR 13, finding those arguments were not responsive to any new grounds raised by the claimant and should have been included in the Statement of Defence. The alternative request to give the claimant an opportunity to reply in writing was found devoid of purpose.

    Show the legal issues (3)
    • Admissibility of late-filed non-infringement arguments in rejoinder (R. 9.2 RoP)
    • Whether defendants' new non-infringement arguments regarding features 1.3 and 1.3.4 were responsive to new grounds raised by claimant in reply
    • Procedural fairness and the timing of pleadings
Document titleDatePublic
Receipt2026-10-20Not public
Cover sheet2026-10-20Not public
Document Claimant2026-10-20Not public
Document Claimant2026-10-20Not public
Document Claimant2026-10-20Not public
Application document Claimant2026-10-20Not public
Case closed2026-10-16Not public
Publication of decision2026-10-16Not public
Decision2026-10-16Public
Decision2026-10-16Not public
Accepted arguments
What the court agreed with — by party.
  • The claimant's interpretation of the cavity and lingual root torque in its Reply was not new, as it had already been mentioned in the Statement of Case, therefore defendants' new non-infringement arguments in the Rejoinder were not responsive to new grounds.

    ClaimantLegal basis: R. 9.2 RoP
  • Defendants had all information needed to construct their defence from the moment the Statement of Case was filed and had a four-month period to raise arguments; the late non-infringement arguments should have been submitted in the Statement of Defence.

    ClaimantLegal basis: R. 9.2 RoP
Rejected arguments
What the court did not agree with — and why.
  • Defendants' new non-infringement arguments regarding features 1.3 and 1.3.4 in the Rejoinder were admissible as responsive to new arguments developed by the claimant in its Reply to Statement of Defence.

    RespondentLegal basis: R. 9.2 RoP