2026-05-07 - LD Hamburg - SILIMED Indústria de Implantes Ltda. et al. v. Polytech Health & Aesthetics et al. - UPC-CFI-0000481/2026

Was ist diese UPC-Entscheidung?

Zusammenfassung: Hamburg LD (Klepsch sitting alone) granted a Rule 19 Preliminary Objection and dismissed the infringement action against EP 2 581 193 B1 as inadmissible, holding that the patent remains validly opted-out. The court ruled that a successful national entitlement decision (German Frankfurt HRC, final 5 January 2026) has no retroactive effect on the validity of an opt-out filed by the previously registered proprietor: the term 'proprietor' in Art. 83(4) UPCA refers to substantive ownership at the time of the relevant act, and German entitlement transfers operate ex nunc, not ex tunc. The new owner's withdrawal of the opt-out under Art. 83(4) UPCA and Rule 5.8 RoP was further held ineffective because a national revocation action by PTH&A had already been 'brought' before the German Federal Patent Court on 9 January 2026 — and an action is 'brought' on receipt of the complaint (§ 81(4) PatG / Art. 32(1) Brussels Ibis), regardless of when service is effected and regardless of whether the action breaches a separate national protective order. The Registrar's earlier R. 5A RoP decision was held non-binding on the court.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC-CFI-0000481/2026