KeyMed (Medical & Industrial Equipment) v PR Medical (CFI, 6 March 2026)
| Date | 6 March 2026 |
|---|---|
| Court | CFI |
| Division | Milan (IT) Local Division |
| Type of action | Infringement Action |
| Case number(s) | UPC_CFI_141/2026 |
| Registry reference | UPC_CFI_141/2026 |
| Parties | KeyMed (Medical & Industrial Equipment) Limited v. PR Medical s.r.l |
Official decision (PDF) · UPC registry entry
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
By an order of 6 March 2026 (UPC_CFI_141/2026), the judge-rapporteur of the Milan Local Division dismissed PR Medical’s preliminary objection seeking to have KeyMed’s infringement action (EP 2 575 590, ‘Detecto.’ accessory for diagnostic devices) conducted in Italian rather than English. The exception in Rule 14.2(b) RoP requires two cumulative conditions, to be construed strictly, and the second was not met. The order confirms that a defendant based in Italy cannot insist on Italian where the action could have been brought before another local division.
Question
May a defendant whose principal place of business is in Italy require, under Rule 14.2(b) RoP, that the proceedings be conducted in Italian?
Decision
Rule 14.2(b) RoP requires both that the defendant has its principal place of business in the Member State concerned and that the action cannot be brought before another local division under Art. 33(1)(a) UPCA. PR Medical is based in Italy, but KeyMed alleges infringing acts in Germany, offers through a website accessible in all Member States and offers at congresses in Spain and Germany: the action could have been brought before another division, in particular a German one. The choice of English does not impair the rights of the defence, since PR Medical’s website and product brochure are in English. Costs are left to the main proceedings.
Key points for practice
- The language exception in Rule 14.2(b) RoP is construed strictly and fails as soon as another local division would have had jurisdiction.
- Practical point: the defendant’s own use of English in its commercial material weakens any objection based on the rights of the defence.
Provisions applied
- Agreement on a Unified Patent Court
- Art. 33(1)(a), 49(1) and (2) and 73(2)(a)
- Rules of Procedure
- Rules 14.2(b) and 220.2
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.
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
- claimantKeyMed (Medical & Industrial Equipment) LimitedFollow this party
- defendantPR Medical s.r.lFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Infringement Action
- Outcome (Dhenne Avocats summary)
- L'exception préliminaire de PR Medical tendant à la conduite de la procédure en italien est rejetée, l'action pouvant être portée devant une autre division locale. Les frais sont renvoyés au fond.
- 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 2 575 590mentioned in: Dhenne Avocats analysis Follow this patent
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 2 575 590 | Mentioned in the analysis (role not qualified) | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: Dhenne Avocats analysis |
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