UPC_CFI_481/2026

Decisions and documents (1)

• 2026-05-07procedural

  Claimants:

  Silimed GmbH; SILIMED Indústria de Implantes Ltda.

  Defendants:

  Aleamed BV; Biocablan SL; Bondimed Aesthetics GmbH; Linea Médica SA; Polytech Health & Aesthetics GmbH; POLYTECH Health & Aesthetics Italia S.r.l.

  dismissed

  1. The success of a subsequent entitlement proceeding, whereby the Claimant becomes the rightful owner of the patent, has no bearing on the validity of an opt-out declaration, as transfer of ownership does not have retroactive effect. The meaning of the term ‘proprietor’ in Article 83(4) UPCA is to be understood in no other way. 2. The validity of filing a national revocation action is not precluded by a possible protective order issued by a national court and hinders a valid withdrawal of an opt-out.

  Judge: Sabine Klepsch • Panel: Sabine Klepsch🔒 Unlock Official PDF