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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
Claim dismissed
Action
Other
Category
Other procedural
Parties
Claimants
Representatives
Respondents
Representatives
Division
Court of Appeal
Technology
  • Mechanical engineering
    Other special machines
Language
—
First decided
Jun 29, 2026
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Judge Klaus GrabinskiLocked

At the UPC: SILIMED Indústria de Implantes Ltda. (2 cases)·Polytech Health & Aesthetics GmbH (2 cases)

Decisions
  • 2026-06-29
    Application for a review of the Registrar's decisionPublic

    Summary: 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.

    Show the legal issues (5)
    • Removal of unauthorized opt-out under R.5A RoP
    • Entitlement to opt-out under Art. 83(3) UPCA
    • Retroactive effect of German court entitlement transfer order
    • Entitlement to be registered as proprietor at time of opt-out filing under national law
    • Requirements 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