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UPC CoA 94/2026

Jun 12, 2026·EP2352431 · METHOD AND SYSTEM FOR CONTROLLING X-RAY FOCAL SPOT CHARACTERISTICS FOR TOMOSYNTHESIS AND MAMMOGRAPHY IMAGING

Case details
Status
Written Phase
Action
Appeal
Category
Main appeal
Parties
Claimants
Representatives
Respondents
Representatives
Division
Court of Appeal
Technology
  • Electrical engineering
    Electrical machinery, apparatus, energy
  • Instruments
    Medical technology
Language
English
First decided
Jul 17, 2026
EPO Opposition
How this compares
How long the court takes to reach a first decision.
Median days to first decision
All UPC124
Judge Ulrike VoßLocked
Judge Nathalie SabotierLocked
Judge Bart van den BroekLocked

At the UPC: Siemens Healthcare SAS (6 cases)·Hologic, Inc. (6 cases)

Decisions
  • 2026-07-17
    AppealPublic

    Summary: The Court of Appeal permitted the withdrawal of the Appellants' (Siemens Healthineers group) application for suspensive effect in the counterclaim-for-revocation appeal proceedings UPC-CoA-94/2026, which had been filed accidentally. The Court also ordered reimbursement of 50% of the court fees of EUR 1,300 (i.e., EUR 650) pursuant to R. 370.9(b) RoP, rejecting the request for full reimbursement.

    Show the legal issues (3)
    • R. 265 RoP — withdrawal of application for suspensive effect
    • R. 370.9(b) RoP — reimbursement of court fees upon withdrawal (50%)
    • Whether accidental filing can justify full reimbursement of court fees beyond R. 370.9(b)
Document titleDatePublic
Communication2026-09-04Not public
Other Documents2026-09-04Not public
Receipt2026-09-04Not public
Cover sheet2026-09-04Not public
Other document Appellant2026-09-04Not public
Other document Appellant2026-09-04Not public
Publication of order2026-07-17Not public
Order2026-07-17Not public
Order2026-07-17Public
Receipt2026-07-03Not public
Accepted arguments
What the court agreed with — by party.
  • Withdrawal of the application for suspensive effect is permitted under R. 265.1 RoP (applied mutatis mutandis) as no final decision has been issued and the respondent has no interest in a decision being made

    ClaimantLegal basis: R. 265.1 RoP
  • Appellants are entitled to reimbursement of 50% of court fees (EUR 650) upon withdrawal before closure of the written procedure

    ClaimantLegal basis: R. 370.9(b) RoP
Rejected arguments
What the court did not agree with — and why.
  • The application for suspensive effect was filed accidentally and therefore the full court fees of EUR 1,300 should be reimbursed

    ClaimantLegal basis: R. 370.9 RoP