UPC Analytics
ENDE
Overview · Filed: Nov 19, 2025

UPC_CFI_693/2025

A SYSTEM FOR NEUROMODULATION

Provisional measuresProvisional MeasuresMunich LDProvisional measuresCase Closed
OverviewDecisionsReasoningCitationsDocumentsTimeline
Plain-English summary

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.

Accepted arguments
What the court agreed with — by party.

  • Patent likely invalid in granted form given patentee's own auxiliary requests

    RespondentLegal basis: Art. 62 UPCA; Leitsatz 2 of the order

    Note: 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.

Rejected arguments
What the court did not agree with — and why.

  • Auxiliary requests for provisional measures based on amended claim versions should be admitted

    ClaimantLegal basis: Art. 62 UPCA; Leitsatz 1 of the order

    Reason: 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 VerfO

    Reason: 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.

Key legal principles
Doctrines and rules cited in the reasoning.
Auxiliary requests in PI proceedings based on amended claim versions are generally inadmissibleFiling auxiliary requests with amended claims implies the granted patent is probably invalidPI proceedings under Art. 62 UPCA are assessed solely on the granted claim versionInterim cost reimbursement requires substantiated and verifiable cost submissions

Browse other cases on this principle.