UPC CFI, LD Munich, 13 January 2026: Medical device non-infringing when operated in line with professional practice and rules of medical science
24-03-2026 Print this page
Infringement action dismissed (Article 25 UPCA).
Patent infringement; device normally operated in a non-infringing manner (Article 25 UPCA).
Patent infringement is not excluded by the fact that a device is normally operated in a non-infringing manner and customers therefore do not regularly make use of the patented teaching, as long as the use of the patented teaching remains possible when using the device.
In the case of a medical device, however, the possibility of an irregular but patent compliant use can only be considered as patent infringement if such use is in line with professional practice and the recognised rules of medical science.
Admissible counterclaim for revocation subject to intra-procedural condition (only if the patent is found infringed) (R. 25 RoP).
The unconditional transition from a counterclaim to a dependent counterclaim, which is dependent on the occurrence of an intra-procedural condition (i.e. a finding of patent infringement by the Court), means that the counterclaim is limited in accordance with Rule 263.3 of the Rules of Procedure (RoP).
If, in accordance with the counterclaimant’s request, no decision is made on the Counterclaim, the counterclaimant must bear the costs for the counterclaim (Article 69(3) UPCA).
