UPC CFI 758/2024

At the UPC: Hologic, Inc. (6 cases)·Siemens Healthineers AG (6 cases)

• 2026-06-10
  Infringement ActionPublic

  Summary: The Düsseldorf Local Division issued a final decision concerning EP 2 352 431 B1, finding in favour of Hologic, Inc. against Siemens Healthineers AG and related entities. The decision addressed issues including infringement, recall, removal from channels of commerce, joint and several liability, and publication of the decision under Art. 80 UPCA.

  Show the legal issues (12)

  • Spatially and physically defined feature
  • Inferior embodiment
  • Art. 28 UPCA - private prior use right
  • Positive right of use
  • Art. 64 UPCA - recall and removal from channels of commerce
  • Depriving of infringing property
  • Software-based modification
  • Proportionality - interests of third parties (patients)
  • Joint and several liability
  • Art. 68 UPCA
  • Art. 80 UPCA - publication of decision
  • Legitimate interest in publication of decision
• 2026-03-09
  Infringement ActionPublic

  Summary: The Düsseldorf Local Division (Panel 2) rejected Hologic's R. 36 RoP request to submit brief further comments (approx. 5 pages) on Siemens's 3 March 2026 submissions concerning the application to amend the patent, holding the reasons given were too vague (no new facts specified) to justify further pleadings, and finding the claimant's right to be heard was not unduly restricted since it could still oppose the submissions and respond at the oral hearing.

  Show the legal issues (3)

  • R. 36 RoP application for permission to file further written pleadings
  • balancing a party's reasons for further pleadings against the risk of delay to proceedings
  • claimant's right to be heard