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UPC CoA 66/2026
—·EP2581193: Process for the manufacture of implants or intermediate products of such implants as well as implants and intermediate products obtained by such process
- Case details
- Status—ActionOtherCategoryOther Procedural
- Parties
- Division
- —
- Judges
- Klaus Grabinski · presiding
- Technology
- Pharmaceutical & Medical
- Language
- —
- First decided
- Jun 29, 2026
Decisions
- 2026-06-29DismissedmotionName.otherApplication for a review of the Registrar's decision
The President of the UPC Court of Appeal rejected SILIMED's application for review of the Registrar's decision of 10 April 2026 that had denied removal of Polytech's opt-out of EP 2 581 193. The President held that SILIMED failed to demonstrate that Polytech was not entitled to opt-out the patent at the time of filing (30 March 2023), because the German court transfer order became final only on 5 January 2026 and had no retroactive effect under applicable German law.
Legal issues:Removal of unauthorized opt-out under R.5A RoPEntitlement to opt-out under Art. 83(3) UPCARetroactive effect of German court entitlement transfer orderEntitlement to be registered as proprietor at time of opt-out filing under national lawRequirements of R.8.5(a) and R.8.5(c) RoP for removal of unauthorized opt-out
Documents
- Review%20Decision%20_%20President%20of%20the%20Court%20of%20Appeal_of_29-06-2026.final_.pdf2026-06-29EN