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UPC CFI 685/2024

Nov 11, 2024·EP2077811 · CLAY-BASED HEMOSTATIC AGENTS AND DEVICES FOR THE DELIVERY THEREOF

Case details
Status
Case Closed (No infringement)
Action
Infringement
Category
Main infringement action
Division
Hamburg LD
Technology
  • Instruments
    Medical technology
Language
English
First decided
Apr 27, 2026
EPO Opposition
  • CARL FREUDENBERG KG Patente und Marken2011-08-04
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
Hamburg LDLockedLocked
Judge Sabine KlepschLockedLocked
Judge Stefan SchillingLockedLocked
Judge Stefan JohanssonLockedLocked
Judge Jeroen MeewisseLockedLocked

At the UPC: Teleflex Life Sciences II LLC (6 cases)·Speed Care Mineral GmbH (6 cases)

Decisions
  • —
    revocation counterclaim

    Summary: 1. The European patent EP 2 077 811 is revoked to the extent of claims 1, 2, 3, 7 and 9 for [AT, BE, DK, FI, FR, DE, IT, NL, PT, SE]. 2. The Application of 1 September 2025 to further amend the patent in suit is dismissed. 3. The Application of 1 October 2025 to amend the counterclaim for revocation to the extent of claim 15 is dismissed. 4. The infringement action is dismissed.

Document titleDatePublic
Order2026-06-01Not public
Order2026-06-01Not public
Receipt2026-05-27Not public
Cover sheet2026-05-27Not public
Application Respondent2026-05-27Not public
Receipt2026-05-26Not public
Cover sheet2026-05-26Not public
Application document Defendant2026-05-26Not public
Receipt2026-05-26Not public
Cover sheet2026-05-26Not public
Accepted arguments
What the court agreed with — by party.
  • The subject matter of claims 1, 2, 3, 7 and 9 lacks novelty and/or inventive step over prior art document D3 (WO 2006/088912 A1) which discloses clay-based hemostatic bandages in dry form on a gauze substrate

    RespondentLegal basis: Art. 54 EPC (novelty); Art. 56 EPC (inventive step)
  • The application to further amend the patent (September 1, 2025) was not justified because the claimant failed to establish a connection between the subsequent amendments and new arguments by the defendant, and adding amendments to an already complex set of 51 auxiliary requests does not simplify proceedings

    RespondentLegal basis: R. 30(2) RoP
  • The application to extend the counterclaim for revocation to claim 15 must be dismissed because the defendant did not act with reasonable diligence given the claimant's auxiliary requests were known since April 2025, and allowing the amendment would unreasonably hinder the claimant

    RespondentLegal basis: R. 263.2 RoP
  • Amendments F and G in the auxiliary requests violate Art. 123(2) EPC as they extract features (radiopaque component, clay only on first surface) exclusively disclosed in the sponge embodiment context without incorporating the essential structural context of the sponge

    RespondentLegal basis: Art. 123(2) EPC
  • All auxiliary requests (including Amendments A through J across all 51 requests) lack novelty and/or inventive step, predominantly in light of D3 alone or in combination with N2, N6, N7 or other prior art

    RespondentLegal basis: Art. 54 EPC; Art. 56 EPC
Rejected arguments
What the court did not agree with — and why.
  • The attacked embodiment (SpeedM emergency hemostatic dressing) infringes the patent because halloysite-7Å is 'clay material' within the claim and the product contains a binder (chitosan or PPG/PAN)

    ClaimantLegal basis: Art. 25 UPCA (direct infringement)
  • The 51 auxiliary requests are inadmissible because the number is unreasonably high

    RespondentLegal basis: R. 30(1) RoP
  • The amendments in the further amendment application simplify proceedings, resolve clarity objections, and are proportionate; they do not unduly delay proceedings or prejudice the defendant

    ClaimantLegal basis: R. 30(2) RoP; principles of proportionality and fairness