Hologic v Siemens Healthineers (CFI, 10 June 2026)
| Date | 10 June 2026 |
|---|---|
| Court | CFI |
| Division | Düsseldorf (DE) Local Division |
| Type of action | Infringement Action |
| Case number(s) | UPC_CFI_758/2024 |
| Registry reference | UPC_CFI_758/2024 |
| Parties | Hologic, Inc. v. Siemens Healthineers AG a. o. |
Official decision (PDF) · UPC registry entry
Case timeline
- 9 March 2026 : Hologic v Siemens Healthineers (CFI, 9 March 2026) UPC_CFI_758/2024 · UPC_CFI_259/2025
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
In a decision of 10 June 2026 (UPC_CFI_758/2024 and UPC_CFI_259/2025), the Düsseldorf Local Division rules on the infringement action brought by Hologic, Inc. against four Siemens Healthineers companies under EP 2 352 431 (breast tomosynthesis system controlling the X-ray focal spot), directed at the MAMMOMAT B.brilliant mammography system in Germany, France and the Netherlands, and on the counterclaim for revocation.
The division dismisses the counterclaim for revocation, finds infringement of claim 1 and grants an injunction for Germany, France and the Netherlands, recall and destruction of the devices and publication of the decision. It clarifies the scope of recall where a reversible software deactivation is offered, and the proprietor’s interest in publication (paragraphs 318 to 328 and 340).
Facts and procedure
The patent, filed on 23 November 2009 claiming priority of 24 November 2008, survived an opposition rejected by the EPO, a rejection upheld by the Board of Appeal on 14 February 2024. The defendants deny infringement, rely on proportionality in view of patients’ access to breast imaging, a prior use right in Germany and a positive right of use, and counterclaim for revocation. The oral hearing took place on 14 April 2026.
The applicable law
Jurisdiction is deemed accepted absent a preliminary objection (Rule 19.7 RoP, paragraph 68), and turning two main requests into a main and an auxiliary request is allowed under Rule 263.2 RoP (paragraph 70). Construction follows Art. 69 EPC, inventive step is assessed under the Court of Appeal’s approach (Meril v Edwards, Amgen v Sanofi, paragraphs 215 to 225). The injunction rests on Art. 63(1) UPCA, which implements Art. 11 of Directive 2004/48, and may be refused only for special reasons (paragraphs 297 and 303 to 306).
Question
Should claim 1 receive the narrow construction argued by the defendants, is the patent valid, and can infringement by a mammography system be met with an injunction and recall despite patients’ interests and the possibility of a software modification?
Decision
Claim 1 is construed functionally: the detector surface may serve as the lower compression paddle, the controller may be software and outside the tube, and the effective focal spot need only « appear » fixed (paragraphs 82 to 127). The disclosure is sufficient, the amendments do not add matter, priority is valid and claims 1 and 7 are novel (paragraphs 133 to 214) and inventive starting from CC 4, CC 6 and CC 7, since no prior art teaches moving the static focal spot within the tube against the tube’s motion (paragraphs 226 to 250).
Infringement of claim 1 is established on the basis of the defendants’ own marketing material, which also amounts to offering under Art. 25(a) UPCA, imperfect compensation is irrelevant (paragraphs 252 to 273). Prior use is not shown, absent a firm decision to exploit before the priority date, and the positive right of use is rejected (paragraphs 275 to 294). There is no special reason to refuse an injunction: the proprietor need not work the patent itself, and other tomosynthesis systems are available, so patients’ interests do not justify an exception within the meaning of Meril v Edwards (paragraphs 297 to 309).
The order grants the injunction with penalty payments of up to EUR 10,000 per infringement, declares infringement, orders within two months information since 15 August 2018, recall and destruction of the products, with penalty payments of up to EUR 10,000 per day of delay, declares the four defendants jointly and severally liable for damages, and authorises publication on the claimant’s website for three months and in five industry journals. It refuses removal from the channels of commerce for lack of specific measures, destruction of tools and advertising material, and an interim award of damages (paragraphs 329 to 337). Costs of the infringement action are borne 80% by the defendants and 20% by the claimant, the defendants bearing the costs of the counterclaim. Interim cost awards of EUR 320,000 and EUR 80,000 are granted, the ceiling on recoverable costs is set at EUR 800,000 and no security is ordered (paragraphs 343 to 351).
Key points for practice
- Hospitals, doctors and universities using the devices form part of the channels of commerce covered by recall (paragraphs 318 and 319).
- A software deactivation avoids recall only if a return to the infringing state is objectively excluded, including through a manufacturer update (paragraph 327).
- Patients’ interests defeat an injunction only where the infringing product is the sole available treatment or notably improves care (paragraphs 306 to 309).
- Practical point: advertising that highlights the patented technology both proves infringement and grounds publication of the decision, limited here to five industry journals (paragraphs 266 to 270, 340 and 341).
Provisions applied
- Agreement on a Unified Patent Court
- Arts 24, 25, 28, 32, 33, 63, 64, 67, 68, 69, 80 and 82
- Rules of Procedure
- Rules 19.7, 118.8, 119, 150.2, 191, 263 and 354.4
- European Patent Convention
- Art. 69, Art. 56, Art. 83, Art. 123(2), Art. 138
- Directive 2004/48/EC
- Arts 3 and 11
- Case law cited
- NanoString v 10x Genomics, Court of Appeal, 11 March 2024, VusionGroup v Hanshow, Court of Appeal, 13 May 2024, Abbott v Sibio, Court of Appeal, 14 February 2025, Seoul Viosys v expert e-Commerce, Court of Appeal, 5 November 2025, Rematec v Europe Forestry, Court of Appeal, 17 February 2026, SodaStream v Aarke, Düsseldorf Local Division, 31 October 2024, Belkin v Philips, Court of Appeal, 3 October 2025, Meril v Edwards, Court of Appeal, 25 November 2025, Amgen v Sanofi, Court of Appeal, 25 November 2025, Ortovox v Mammut, Düsseldorf Local Division, 14 January 2025, M-A-S v Altech, Düsseldorf Local Division, 10 December 2025, Canon v Katun, Düsseldorf Local Division, 11 February 2026, Cup&Cino v Alpina, Düsseldorf Local Division, 18 March 2026
Related decisions
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: Patent infringement action.
Publications by Matthieu Dhenne: Pleading the Long Arm: What a UPC Statement of Claim Must Carry Beyond Jurisdiction (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
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.
Parties
- claimantHologic, Inc.5 decisions in the corpusFollow this party
- defendantSiemens Healthineers AG a. o2 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
- 9 March 2026 Hologic v Siemens Healthineers (CFI, 9 March 2026) Infringement Action · UPC_CFI_758/2024
La demande de Hologic de déposer de brèves observations sur les écritures de Siemens Healthineers est rejetée, faute de motifs suffisants et de fait nouveau identifié.
- 10 June 2026 Hologic v Siemens Healthineers (CFI, 10 June 2026) Infringement Action · UPC_CFI_758/2024
What the record states
- Nature of the act
- Infringement Action
- Outcome (Dhenne Avocats summary)
- La demande reconventionnelle en nullité est rejetée et la contrefaçon de la revendication 1 de EP 2 352 431 est retenue : injonction pour l’Allemagne, la France et les Pays-Bas, rappel et destruction, publication, frais à 80 % à la charge des défenderesses.
- 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
EP 2 352 431mentioned in: summary of the decision, Dhenne Avocats analysis Follow this patent
Related decisions cited in the analyses
- CUP&CINO Kaffeesystem-Vertrieb v ALPINA Coffee Systems (CFI, 18 March 2026) cited in this record
- Hologic v Siemens Healthineers (CFI, 9 March 2026) cited in this record
- Rematec v Europe Forestry (CoA, 17 February 2026) cited in this record
- Canon Kabushiki Kaisha v Katun Germany (CFI, 11 February 2026) cited in this record
- M-A-S Maschinen- und Anlagenbau Schulz v Altech Makina Sanayi ve Ticaret (CFI, 10 December 2025) cited in this record
- Amgen v Sanofi-Aventis Deutschland (CoA, 25 November 2025) cited in this record
- Meril Italy v Edwards Lifesciences (CoA, 25 November 2025) cited in this record
- Seoul Viosys v expert e-Commerce (CoA, UPC_CoA_762/2024, 5 November 2025) cited in this record
- Belkin v Koninklijke Philips (CoA, UPC_CoA_534/2024, 3 October 2025) cited in this record
- Abbott Diabetes Care v Sibio (CoA, 14 February 2025) cited in this record
- Ortovox Sportartikel v Mammut Sports Group (CFI, 14 January 2025) cited in this record
- SodaStream Industries v Aarke (CFI, 31 October 2024) cited in this record
- NanoString Germany v 10x Genomics (CoA, 11 March 2024) cited in this record
- Siemens Healthcare v Hologic (CoA, 17 July 2026) cites this decision
- Siemens Healthineers v Hologic (CoA, 15 July 2026) cites this decision
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 2 352 431 | Patent at issue according to the summary or official headnote Also mentioned in 4 other decision(s): Siemens Healthineers v Hologic (CoA, 15 July 2026) · Hologic v Siemens Healthineers (CFI, 9 March 2026) · Hologic v Siemens Healthcare (CFI, 26 August 2025) · Hologic v Siemens Healthineers (CFI, 21 May 2025) | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: summary of the decision, Dhenne Avocats analysis |
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