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UPC CoA 40/2026

Mar 13, 2026·EP2129425 · EMBOLIC PROTECTION DEVICE

Case details
Status
Oral Phase
Action
Appeal
Category
Main appeal
Parties
Claimants
Representatives
Respondents
Representatives
Division
Court of Appeal
Technology
  • Instruments
    Medical technology
Language
English
First decided
Jul 16, 2026
Last decision
Sep 28, 2026
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Judge Rian KaldenLocked
Judge Patricia RombachLocked
Judge Ingeborg SimonssonLocked
Judge Max TilmannLocked
Judge Renaud FulconisLocked

At the UPC: Emboline, Inc. (6 cases)·AorticLab srl (6 cases)

Decisions
  • 2026-09-28
    AppealPublic

    Summary: In Emboline's appeal against the Munich LD decision of 13 January 2026 (UPC_CFI_628/2024, EP 2 129 425), the Court of Appeal dismissed Emboline's request to disregard AorticLab's witness statement (Exhibit HRM 26) as late-filed or alternatively to file a further pleading, leaving comments to the oral hearing, and announced closure of the written procedure without an interim conference.

    Show the legal issues (2)
    • Late-filing objection to new evidence in the Statement of response on appeal (R. 9.2, 36, 336 RoP)
    • No further written pleadings; comments deferred to the oral hearing
  • 2026-08-17
    AppealPublic

    Summary: Court of Appeal rejected AorticLab's requested review of the clarification order, re-established its right to lodge a statement of appeal and grounds of appeal against the first-instance decision, declared the appeal filed on 24 July 2026 admissible, and shortened the period for the statement of response to two months. The appeal itself is not decided by this order.

    Show the legal issues (5)
    • review of an order (R. 333 RoP)
    • re-establishment of rights (R. 320 RoP)
    • conditional counterclaim for revocation
    • intra- vs inter-procedural conditions
    • cross-appeal
  • 2026-07-16
    AppealPublic

    Summary: The Court of Appeal issued an order clarifying the procedural rules governing conditional counterclaims for revocation. The order addresses how a counterclaimant may appeal a first-instance decision not to decide on a conditional counterclaim when the infringement claimant appeals a finding of non-infringement, and notes that AorticLab may request re-establishment of rights since the appeal time period has lapsed.

    Show the legal issues (5)
    • Permissibility of conditional counterclaim for revocation
    • Appellate standing of counterclaimant upon finding of non-infringement
    • Conditional lodging of appeal under R. 220.1(a) RoP
    • Whether counterclaim for revocation remains conditional on appeal
    • Court of Appeal jurisdiction to decide on counterclaim rather than referring back to CFI under Art. 75(1) UPCA and R. 242.2(b) RoP
Documents
Document titleDatePublic
Oral procedure opened2026-09-29Not public
Written procedure closed2026-09-29Not public
Publication of order2026-09-28Not public
Order2026-09-28Not public
Order2026-09-28Public
Receipt2026-09-16Not public
Cover sheet2026-09-16Not public
Application Appellant2026-09-16Not public
Receipt2026-08-17Not public
Cover sheet2026-08-17Not public
Exhibit Respondent2026-08-17Not public
Exhibit Respondent2026-08-17Not public
Statement of Response2026-08-17Not public
Publication of order2026-08-17Not public
Order2026-08-17Not public
Order2026-08-17Public
Receipt2026-08-07Not public
Cover sheet2026-08-07Not public
Document Respondent2026-08-07Not public
Order2026-08-03Not public
Order2026-08-03Public
Receipt2026-07-31Not public
Cover sheet2026-07-31Not public
Fee2026-07-31Not public
Proof of payment2026-07-31Not public
Application Appellant2026-07-31Not public
Publication of order2026-07-16Not public
Order2026-07-16Not public
Order2026-07-16Public
Summons to oral hearing2026-07-09Not public
Summons2026-07-09Public
Receipt2026-07-02Not public
Cover sheet2026-07-02Not public
Document2026-07-02Not public
Receipt2026-06-30Not public
Cover sheet2026-06-30Not public
Document2026-06-30Not public
Order2026-06-26Not public
Order2026-06-26Public
Order2026-05-21Not public
Order2026-05-21Public
Order2026-05-21Public
Receipt2026-05-13Not public
Cover sheet2026-05-13Not public
Other document Appellant2026-05-13Not public
Statement of the Grounds of Appeal2026-05-13Not public
Note2026-04-08Not public
Publication2026-03-19Not public
Receipt2026-03-13Not public
Cover sheet2026-03-13Not public
Fee2026-03-13Not public
Proof of payment2026-03-13Not public
Exhibit Appellant2026-03-13Not public
Exhibit Appellant2026-03-13Not public
Statement of Appeal2026-03-13Not public