MED-EL Elektromedizinische Geräte Gesellschaft m.b.H. v Advanced Bionics (CFI, 10 July 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 10 July 2024 (UPC_CFI_410/2023, ACT_585052/2023, CC_15513/2024, ORD_35569/2024), the Mannheim Local Division (P. Tochtermann, presiding, H. Kircher, rapporteur, A. Kupecz) referred to the Paris Central Division the counterclaim for revocation filed by Advanced Bionics GmbH and Advanced Bionics Sarl and MED-EL’s application to amend EP 4 074 373, in the infringement action brought by MED-EL. A revocation action by Advanced Bionics AG had been pending before the Central Division since 27 September 2023 (UPC_CFI_338/2023). Leave to appeal was refused.

Question

Must a local division seised of a counterclaim for revocation hear it itself where a revocation action against the same patent, brought by another defendant, is already pending before the Central Division?

Decision

The panel considers that, as a rule, the local division should hear the counterclaim itself, but here it exercises its power of referral under Art. 33(3)(b) UPCA. The main ground is the efficient conduct of proceedings: the Central Division already has almost identical grounds of revocation before it, its written procedure is closed and the oral hearing is set for 29 October 2024. The defendants’ objections based on the risk of divergent interpretation, the change to English and the advanced stage of the central proceedings are rejected. The application to amend follows the counterclaim, as it is the patentee’s defence to it.

Key points for practice

• Practical point: filing a central revocation action before the infringement action may lead to the counterclaim being referred to the Central Division, with a change of language.

Provisions applied

Agreement on a Unified Patent Court

Art. 33(3) and (5)

Rules of Procedure

Rules 30, 37.2, 39 and 340, Preamble (point 4)

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.