Lepu Medical (Europe) Cooperat v Occlutech (CoA, 7 November 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 7 November 2025 (UPC_CoA_900/2025), the judge-rapporteur of the Court of Appeal rejected the application for suspensive effect filed by Lepu Medical (Europe) and Lepu Medical Technology (Beijing) against the Hamburg Local Division’s order of 21 October 2025 granting Occlutech a provisional injunction (EP 2 387 951). The order applies the strict manifest error test without any relaxation.

Question

Should an appeal against a provisional injunction have suspensive effect where the appellant relies on errors of law and on reputational harm caused by enforcement?

Decision

An appeal has no suspensive effect unless the Court of Appeal decides otherwise on a reasoned application (Art. 74(1) UPCA), an exception requires circumstances justifying it, after weighing the parties’ interests, for instance a manifestly erroneous order or an appeal that would become devoid of purpose without suspensive effect (paragraph 4). The alleged errors are a matter for the appeal itself, and Lepu did not show that the Local Division’s findings were manifestly erroneous, that is clearly untenable even on a summary assessment (paragraph 5). The reputational harm relied on did not outweigh Occlutech’s interest in preventing the imminent infringement found below (paragraph 6). As the judge-rapporteur decided without delay, referral to the standing judge under Rule 223.4 was unnecessary (paragraph 7). The application was rejected.

Key points for practice

• Reputational harm from enforcing a provisional injunction is not, on its own, enough to obtain suspensive effect.
• The appellant must show a manifest error apparent on a summary assessment, not rehearse its grounds of appeal.

Provisions applied

Agreement on a Unified Patent Court

Art. 74(1)

Rules of Procedure

Rule 223

Case law cited

ICPillar v ARM, Court of Appeal, 19 June 2024, Koninklijke Philips v Belkin, Court of Appeal, 29 October 2024

Related decisions

• Lepu Medical (Europe) v Occlutech, 6 May 2026, later decision of the Court of Appeal in the same appeal proceedings.

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.