UPC CoA 900/2025
Nov 6, 2025·EP2387951: Braided medical device and manufacturing method therefore
- Case details
- StatusOral PhaseActionAppealCategoryMain Appeal
- Parties
- ClaimantsReps: Ralph Nack (Noerr Partnerschaftsgesellschaft mbB)
- Division
- Court of Appeal
- Technology
- Pharmaceutical & Medical
- Language
- English
- First decided
- Nov 7, 2025
- Last decision
- May 6, 2026
- 2026-05-06WithdrawnAppeal decisionAppeal RoP220.1
The appellants (Lepu Medical entities) withdrew their appeal against the Hamburg Local Division order that had granted a preliminary cease-and-desist injunction to Occlutech GmbH based on EP 2 387 951. The Court of Appeal permitted the withdrawal, declared the proceedings closed, and ordered the appellants to jointly bear Occlutech's costs of the appeal proceedings.
Legal issues:Withdrawal of appeal under Rule 265(1) RoPCost allocation upon withdrawal of appeal under Article 69 UPCA and Rule 150 et seq. RoPWhether respondent has legitimate interest in appeal being decided rather than withdrawn - 2025-11-07DismissedApplication Rop 223
Court of Appeal (judge-rapporteur) rejected Lepu Medical's application for suspensive effect of its appeal against a preliminary injunction granted by the Hamburg Local Division in favour of Occlutech. The CoA held that Lepu failed to demonstrate that the impugned order contained manifest errors or that the appeal would become devoid of purpose without suspensive effect. Lepu's claim that enforcing the injunction would damage its reputation was insufficient to outweigh Occlutech's interest in preventing imminent patent infringement.
Legal issues:Suspensive effect of appeal against preliminary injunction (Art.74(1) UPCA, R.223 RoP)Manifest error standardBalancing reputational harm against patent holder's interest
| Document title | Date | Public |
|---|---|---|
| action.phaseChange.caseClose | 2026-05-06 | Not public |
| action.issueDecision.decision | 2026-05-06 | Not public |
| Final Order | 2026-05-06 | Public |
| action.issueOrder.order | 2026-05-05 | Not public |
| Order | 2026-05-05 | Public |
| Receipt | 2026-05-04 | Not public |
| Cover sheet | 2026-05-04 | Not public |
| Submission Respondent | 2026-05-04 | Not public |
| action.issueOrder.order | 2026-05-04 | Not public |
| Order | 2026-05-04 | Public |
| Receipt | 2026-04-30 | Not public |
| Cover sheet | 2026-04-30 | Not public |
| Other document Appellant | 2026-04-30 | Not public |
| action.communication.general | 2026-04-03 | Not public |
| action.phaseChange.oralPhaseOpen | 2026-01-23 | Not public |
| action.phaseChange.interimPhaseClose | 2026-01-23 | Not public |
| action.summons.oralHearing | 2026-01-22 | Not public |
| Summons | 2026-01-22 | Public |
| Receipt | 2026-01-22 | Not public |
| Cover sheet | 2026-01-22 | Not public |
| Other document Appellant | 2026-01-22 | Not public |
| Receipt | 2026-01-13 | Not public |
| Cover sheet | 2026-01-13 | Not public |
| Other document Appellant | 2026-01-13 | Not public |
| Receipt | 2026-01-12 | Not public |
| Cover sheet | 2026-01-12 | Not public |
| Other document Respondent | 2026-01-12 | Not public |
| Other document Respondent | 2026-01-12 | Not public |
| Other document Respondent | 2026-01-12 | Not public |
| Other document Respondent | 2026-01-12 | Not public |
| Other document Respondent | 2026-01-12 | Not public |
| action.phaseChange.interimPhaseOpen | 2026-01-09 | Not public |
| action.phaseChange.writtenPhaseClose | 2026-01-09 | Not public |
| action.issueOrder.order | 2026-01-09 | Not public |
| Order | 2026-01-09 | Public |
| action.issueOrder.order | 2025-11-28 | Not public |
| Order | 2025-11-28 | Not public |
| Cover sheet | 2025-11-20 | Not public |
| Statement of Response | 2025-11-20 | Not public |
| Receipt | 2025-11-20 | Not public |
| Cover sheet | 2025-11-17 | Not public |
| Other document Appellant | 2025-11-17 | Not public |
| Receipt | 2025-11-17 | Not public |
| Cover sheet | 2025-11-12 | Not public |
| Application document Respondent | 2025-11-12 | Not public |
| Receipt | 2025-11-12 | Not public |
| Note | 2025-11-10 | Not public |
| Note | 2025-11-10 | Not public |
| action.issueOrder.order | 2025-11-07 | Not public |
| Order | 2025-11-07 | Public |
| action.issueOrder.order | 2025-11-07 | Not public |
| Order | 2025-11-07 | Public |
| action.publishOrderDecision.case | 2025-11-07 | Not public |
| Cover sheet | 2025-11-06 | Not public |
| Exhibit document Appellant | 2025-11-06 | Not public |
| Further pleadings | 2025-11-06 | Not public |
| Receipt | 2025-11-06 | Not public |
| action.communication.general | 2025-11-06 | Not public |
| Cover sheet | 2025-11-05 | Not public |
| Fee | 2025-11-05 | Not public |
| Statement of appeal and statement of the grounds of appeal | 2025-11-05 | Not public |
| Other document Appellant | 2025-11-05 | Not public |
| Exhibit document Appellant | 2025-11-05 | Not public |
| Exhibit document Appellant | 2025-11-05 | Not public |
| Proof of payment | 2025-11-05 | Not public |
| Receipt | 2025-11-05 | Not public |