UPC CoA 737/2025
Aug 12, 2025·EP2515768 +1 more: MOTOR-DRIVEN SURGICAL CUTTING INSTRUMENT WITH ELECTRIC ACTUATOR DIRECTIONAL CONTROL ASSEMBLY
- Case details
- StatusCase ClosedActionGenericCategoryMain Appeal
- Parties
- Division
- Court of Appeal
- Judges
- Technology
- Electrical Components
- Language
- German
- First decided
- Aug 15, 2025
- 2025-08-15Application Rop 223
The Court of Appeal dismissed RiVOLUTiON's application for suspensive effect of its appeal against a preliminary injunction granted by the Munich Local Division in favour of Cilag GmbH International. The court found no manifest error in the first-instance order, noting that the grounds of the decision were not yet available and therefore the required threshold for manifest error could not be met.
Legal issues:Suspensive effect of appeal (Article 74 UPCA, Rule 223 RoP)Manifest error standardPending grounds of first-instance decisionPreliminary injunction in PI proceedings - 2025-08-15Application Rop 223
Court of Appeal refused Rivolution's application for suspensive effect of its appeal against Munich Local Division's preliminary injunction granted to Cilag and Ethicon for infringement of EP 2 515 768. The Court held that in the absence of the grounds for decision, manifest error can only be established if the operative part pronounces a legal consequence not derived from the UPCA or RoP. No such manifest error was found.
Legal issues:Application for suspensive effect (R. 223 RoP, Art. 74 UPCA)Manifest error without grounds for decisionPreliminary injunction appeal
| Document title | Date | Public |
|---|---|---|
| action.phaseChange.caseClose | 2025-09-29 | Not public |
| Headnote-and-Keywords | 2025-08-15 | Not public |
| Outcome of the Order | 2025-08-15 | Not public |
| Order suspensive effect | 2025-08-15 | Public |
| Panel-Appointment | 2025-08-13 | Not public |
| Receipt | 2025-08-13 | Not public |
| AntragAufschiebendeWirkung | 2025-08-12 | Not public |
| Anlage_BK1 | 2025-08-12 | Not public |
| Anlage_BK2 | 2025-08-12 | Not public |