Opens in a new tab

Fisher & Paykel Healthcare v Flexicare (Group) (CFI, UPC_CFI_480/2025, 15 January 2026)

Date15 January 2026
CourtCFI
DivisionMilan (IT) Central Division- Section
Type of actionRevocation Action
Case number(s)UPC_CFI_480/2025
Registry referenceUPC_CFI_480/2025
PartiesFisher & Paykel Healthcare Limited v. Flexicare (Group) Limited

Official decision (PDF) · UPC registry entry

Case timeline

Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.

Contact the firm

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 15 January 2026 (UPC_CFI_480/2025), the Milan Central Division refused to admit auxiliary requests 2A to 13A, filed « as a mere precaution » by Flexicare, proprietor of EP 4 185 356, in its rejoinder in Fisher & Paykel Healthcare’s revocation action. The order, also published under a second entry in the same file, applies Rule 30.2 strictly: the clarity objection was foreseeable and should have been addressed in the application to amend itself.

Question

May the proprietor introduce new auxiliary requests at the rejoinder stage in response to a clarity objection (Art. 84 EPC) raised in the reply?

Decision

The implicit request for admission was admissible (paragraphs 10 and 11) but refused. Rule 30.2, applicable to revocation actions through Rule 50.2, is a strict preclusion rule allowing subsequent amendments only in exceptional circumstances (paragraph 7). Filing as a precaution is no basis for admission (paragraph 13). The proprietor should and could have foreseen the clarity objection, which had to be dealt with in the application to amend (paragraph 14). The new requests further limit the claim, whereas the Rules aim to prevent amendments being introduced in little steps (paragraph 15). The time left before the oral hearing is not a sufficient reason for admission (paragraph 16).

Key points for practice

Provisions applied

Agreement on a Unified Patent Court
Preamble
Rules of Procedure
Preamble and Rules 30.1(b), 30.2, 49.2(a) and 50.2
European Patent Convention
Art. 84 and 123(2) and (3)
Case law cited
Meril v Edwards, Paris Central Division, 27 February 2024 (UPC_CFI_255/2023), TRUMPF v IPG, Düsseldorf Local Division, 12 September 2025, Panasonic v OPPO, Mannheim Local Division, 27 June 2024, 10x Genomics v Vizgen, Hamburg Local Division, 20 December 2024

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.


Decisions in the same proceedings

Going further

Lexicon: Revocation action.

Publications by Matthieu Dhenne: G 1/25, Take Three: Anything You Leave in the Description May Be Used Against You (Kluwer Patent Blog).

Source and translations

Official source
Unified Patent Court registry link recorded in the record
Original language
not recorded
Translation available
no translation recorded the firm’s French record is a summary, not a translation
Date checked
not recorded
Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

Follow this case

Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.

Proceedings

  • UPC_CFI_480/2025 official number

Follow this case

Parties

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

  1. 15 January 2026 Fisher & Paykel Healthcare v Flexicare (Group) (CFI, UPC_CFI_480/2025, 15 January 2026) Revocation Action · UPC_CFI_480/2025
  2. 15 January 2026 Fisher & Paykel Healthcare v Flexicare (Group) (CFI, UPC_CFI_480/2025, 15 January 2026, doc. 2) Revocation Action · UPC_CFI_480/2025

What the record states

Nature of the act
Revocation Action
Outcome (Dhenne Avocats summary)
Les requêtes subsidiaires 2A à 13A déposées en duplique sont écartées : l'objection de clarté était prévisible et aucune circonstance exceptionnelle n'est établie au sens de la règle 30.2.
Appeal
No appeal documented in the corpus, this does not mean that no appeal was lodged.
Instance
First-instance decision, whether it has become final is not recorded.

Patents mentioned

Related decisions cited in the analyses

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Patents and standards

PublicationRole in the disputeFamilyStandard and declarationPoolSources
EP 4 185 356Mentioned in the analysis (role not qualified)
Also mentioned in 1 other decision(s): Fisher & Paykel Healthcare v Flexicare (Group) (CFI, 10 April 2026)
not recordednot recordednot recordedEspacenet
links not checked
mentioned in: Dhenne Avocats analysis
The statuses “asserted in litigation”, “declared essential”, “listed by a pool” and “essentiality examined by a court” are distinct and may coexist. Validity, infringement and technical essentiality are different questions. Scope: patents cited in the decisions of the Dhenne Avocats corpus, with no essentiality score or prediction.

Receive an alert

Weekly summary of new records and substantive updates matching what you follow. Address confirmed by email, unsubscribe at any time, one email per week even where several of your follows match.

Follow

Weekly summary, on Fridays.