UPC CoA 40/2026
Mar 13, 2026·EP2129425 · EMBOLIC PROTECTION DEVICE
- Case details
- StatusOral PhaseActionAppealCategoryMain appeal
- Parties
- Claimants
- Emboline, Inc.Operating co.
Representatives- Thure Schubert-Vossius & Partner
- Not named-KIPA AB
Respondents- AorticLab srlOperating co.
Representatives- Sabine Agé-Hoyng Rokh Monegier
- Not named-André Roland
- Division
- Court of Appeal
- Technology
- InstrumentsMedical technology
- Language
- English
- First decided
- Jul 16, 2026
- Last decision
- Sep 28, 2026
| Median days to first decision | |
|---|---|
| All UPC | 124 |
| Judge Rian Kalden | Locked |
| Judge Patricia Rombach | Locked |
| Judge Ingeborg Simonsson | Locked |
| Judge Max Tilmann | Locked |
| Judge Renaud Fulconis | Locked |
At the UPC: Emboline, Inc. (6 cases)·AorticLab srl (6 cases)
This dispute contains 5 other proceedings
UPC CoA 123/2026·UPC CoA 393/2025·UPC CFI 125/2025·UPC CFI 628/2024·UPC APP 8962/2025
Start a free trial to see how each one ended.
More cases: Court of Appeal·2026
- 2026-09-28AppealPublic
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
- 2026-08-17AppealPublic
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
- 2026-07-16AppealPublic
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
| Document title | Date | Public |
|---|---|---|
| Oral procedure opened | 2026-09-29 | Not public |
| Written procedure closed | 2026-09-29 | Not public |
| Publication of order | 2026-09-28 | Not public |
| Order | 2026-09-28 | Not public |
| Order | 2026-09-28 | Public |
| Receipt | 2026-09-16 | Not public |
| Cover sheet | 2026-09-16 | Not public |
| Application Appellant | 2026-09-16 | Not public |
| Receipt | 2026-08-17 | Not public |
| Cover sheet | 2026-08-17 | Not public |
| Exhibit Respondent | 2026-08-17 | Not public |
| Exhibit Respondent | 2026-08-17 | Not public |
| Statement of Response | 2026-08-17 | Not public |
| Publication of order | 2026-08-17 | Not public |
| Order | 2026-08-17 | Not public |
| Order | 2026-08-17 | Public |
| Receipt | 2026-08-07 | Not public |
| Cover sheet | 2026-08-07 | Not public |
| Document Respondent | 2026-08-07 | Not public |
| Order | 2026-08-03 | Not public |
| Order | 2026-08-03 | Public |
| Receipt | 2026-07-31 | Not public |
| Cover sheet | 2026-07-31 | Not public |
| Fee | 2026-07-31 | Not public |
| Proof of payment | 2026-07-31 | Not public |
| Application Appellant | 2026-07-31 | Not public |
| Publication of order | 2026-07-16 | Not public |
| Order | 2026-07-16 | Not public |
| Order | 2026-07-16 | Public |
| Summons to oral hearing | 2026-07-09 | Not public |
| Summons | 2026-07-09 | Public |
| Receipt | 2026-07-02 | Not public |
| Cover sheet | 2026-07-02 | Not public |
| Document | 2026-07-02 | Not public |
| Receipt | 2026-06-30 | Not public |
| Cover sheet | 2026-06-30 | Not public |
| Document | 2026-06-30 | Not public |
| Order | 2026-06-26 | Not public |
| Order | 2026-06-26 | Public |
| Order | 2026-05-21 | Not public |
| Order | 2026-05-21 | Public |
| Order | 2026-05-21 | Public |
| Receipt | 2026-05-13 | Not public |
| Cover sheet | 2026-05-13 | Not public |
| Other document Appellant | 2026-05-13 | Not public |
| Statement of the Grounds of Appeal | 2026-05-13 | Not public |
| Note | 2026-04-08 | Not public |
| Publication | 2026-03-19 | Not public |
| Receipt | 2026-03-13 | Not public |
| Cover sheet | 2026-03-13 | Not public |
| Fee | 2026-03-13 | Not public |
| Proof of payment | 2026-03-13 | Not public |
| Exhibit Appellant | 2026-03-13 | Not public |
| Exhibit Appellant | 2026-03-13 | Not public |
| Statement of Appeal | 2026-03-13 | Not public |