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UPC CoA 540/2024

Sep 19, 2024·EP3685783 Unitary patent · ENDOLUMINAL LASER ABLATION DEVICE FOR TREATING VEINS

Case details
Status
Case Closed
Action
Appeal
Category
Main appeal
Division
Court of Appeal
Technology
  • Instruments
    Medical technology
Language
—
First decided
Feb 24, 2025
EPO Opposition
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Judge Klaus GrabinskiLocked
Judge Emmanuel GougéLocked
Judge Peter BlokLocked
Judge Eric AugardeLocked
Judge Max TilmannLocked

At the UPC: biolitec Holding GmbH & Co. KG (7 cases)·Light Guide Optics Germany GmbH (6 cases)

This dispute contains 5 other proceedings

UPC CFI 256/2025·UPC CFI 155/2025·UPC CFI 714/2024·UPC CFI 486/2024·UPC APP 67626/2024

1 other defendants litigating the same or a related patent

UPC CFI 292/2026

Start a free trial to see how each one ended.

More cases: Court of Appeal·2024

Decisions
  • 2025-02-24
    Appeal RoP220.1Public

    Summary: Court of Appeal rejected Biolitec's appeal against the Düsseldorf Local Division's refusal to grant a preliminary injunction. The CoA upheld the first-instance order, finding that Biolitec had not demonstrated the necessity of provisional measures: proceedings on the merits could be awaited; the status quo on the market had existed for years before the patent was granted; and Biolitec failed to demonstrate sufficient evidence of urgency regarding stocking or tender-related harm. Biolitec was ordered to bear the costs of the appeal proceedings.

    Show the legal issues (4)
    • Provisional measures necessity test (Art.62 UPCA, R.206, R.211 RoP)
    • Weighing parties' interests and time factor
    • Status quo on market predating patent grant
    • Evidence of stocking and tender-related harm
Document titleDatePublic
Order2026-03-27Not public
Communication2026-03-18Not public
Receipt2026-03-16Not public
Cover sheet2026-03-16Not public
Application Appellant2026-03-16Not public
Case Closure Formal Check2025-08-29Not public
Order2025-02-24Public
Hearing reference2025-02-11Not public
Hearing reference2025-02-11Not public
Outcome of the Order2025-01-16Not public