UPC CFI 693/2025
Nov 19, 2025·EP3421081 · A SYSTEM FOR NEUROMODULATION
- Case details
- StatusCase ClosedActionProvisional measuresCategoryProvisional measures
- Parties
- Division
- Munich LD
- Technology
- InstrumentsMedical technology
- Language
- German
- First decided
- Oct 17, 2025
| Preliminary injunction granted | Median days to first decision | |
|---|---|---|
| All UPC | 54% (38/70) | 124 |
| Munich LD | Locked | Locked |
| Judge Matthias Zigann | Locked | Locked |
| Judge Tobias Pichlmaier | Locked | Locked |
| Judge Tatyana Zhilova | Locked | Locked |
| Judge Christian Daniel | Locked | Locked |
At the UPC: ONWARD Medical N.V. (7 cases)·Niche Biomedical, Inc. (7 cases)
This dispute contains 6 other proceedings
UPC CFI 1423/2026·UPC CFI 1424/2026·UPC CFI 2082/2025·UPC CFI 1569/2025·UPC CoA 898/2025 and 1 more
- 2025-10-17Application for provisional measuresPublic
Summary: The Munich Local Division denied ONWARD Medical's application for provisional measures (preliminary injunction) against Niche Biomedical regarding EP 3 421 081 B1 (spinal cord stimulation), holding that the patent was likely invalid in its granted form and that auxiliary requests seeking provisional measures based on amended claim versions are generally inadmissible.
Show the legal issues (4)
- Preliminary injunction under Art. 62 UPCA
- Auxiliary requests with amended claims in PI proceedings inadmissible
- Patent validity in granted form as condition for PI
- Costs security refused for insufficiently substantiated amount
| Document title | Date | Public |
|---|---|---|
| Note | 2026-02-26 | Not public |
| Communication | 2026-02-19 | Not public |
| Receipt | 2026-02-19 | Not public |
| Cover sheet | 2026-02-19 | Not public |
| Document Claimant | 2026-02-19 | Not public |
| Case closed | 2025-12-22 | Not public |
| Order | 2025-12-22 | Not public |
| Order | 2025-12-22 | Not public |
| Cover sheet | 2025-11-19 | Not public |
| Further pleadings | 2025-11-19 | Not public |
ONWARD Medical sought a preliminary injunction against Niche Biomedical (ANEUVO) for infringement of EP 3 421 081 B1, a spinal cord stimulation system patent. The Munich Local Division denied the PI because ONWARD filed auxiliary requests with amended claims, which the court treated as an implicit concession that the granted patent was likely invalid. The court also rejected both the main injunction application and Niche Biomedical's request for EUR 168,000 interim cost reimbursement due to wholly unsubstantiated cost submissions.
Patent likely invalid in granted form given patentee's own auxiliary requests
RespondentLegal basis: Art. 62 UPCA; Leitsatz 2 of the orderNote: Court held that filing auxiliary requests with amended claims constitutes an implicit admission that the granted claim version is probably not valid, making a PI on the granted claims untenable.
Auxiliary requests for provisional measures based on amended claim versions should be admitted
ClaimantLegal basis: Art. 62 UPCA; Leitsatz 1 of the orderReason: Court established as a headnote that auxiliary requests seeking provisional measures based on claim versions deviating from the granted patent are as a rule inadmissible; the PI procedure is confined to the granted claim text.
Preliminary cost reimbursement of EUR 168,000 should be granted to respondent
RespondentLegal basis: R. 211.1(d); R. 151(e); R. 152.1 VerfOReason: Court found the cost submissions entirely unsubstantiated and internally inconsistent (different law firms claimed EUR 80k and EUR 135k for nearly identical briefs), making any estimate impossible.
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