LiNA Medical v Schultz Medical (UK) (CFI, 18 November 2025)
| Date | 18 November 2025 |
|---|---|
| Court | CFI |
| Division | Düsseldorf (DE) Local Division |
| Type of action | Application for preserving evidence pursuant to RoP192 |
| Case number(s) | UPC_CFI_1598/2025 |
| Registry reference | UPC_CFI_1598/2025 |
| Parties | LiNA Medical AG v. Schultz Medical (UK) Ltd. |
Official decision (PDF) · UPC registry entry
Case timeline
- 19 December 2025 : LiNA Medical v Schultz Medical (UK) (CFI, 19 December 2025) UPC_CFI_1598/2025
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
By order of 18 November 2025 (UPC_CFI_1598/2025), made without hearing the defendant the day after the application was filed, the Düsseldorf Local Division (Judges Thomas, rapporteur, Thom and Gillet) ordered an inspection and preservation of evidence at Schultz Medical (UK)’s booth at the MEDICA trade fair in Düsseldorf, at the request of LiNA Medical, proprietor of EP 2 593 025 (disposable laparoscopic morcellator).
The order accepts that a sample acquired outside the territory, dismantled and identical in appearance to the exhibited product, makes infringement plausible, and that the short duration of a trade fair justifies ex parte relief without security.
Facts and procedure
LiNA, maker of the LiNA Xcise morcellator, found that Schultz Medical, a UK distributor, was exhibiting at MEDICA (17 to 20 November 2025) a « MORCELLIX » morcellator identical in appearance to a product of a Chinese manufacturer that it had obtained from a US distributor and dismantled (paragraphs 4 to 8). The patent is in force in Germany, France and the United Kingdom (paragraph 3). Only dismantling could verify the feature of the switch that prevents the motor from rotating. The application, filed on 17 November 2025, sought inspection of the booth, delivery of a sample to an expert, its description and, failing that, its seizure (paragraphs 9 to 11).
The applicable law
The measure rests on Art. 60 UPCA and Rules 192, 194, 196, 197 and 199 RoP, the division’s competence follows from Arts 32(1)(c) and 33(1)(b) UPCA (paragraph 13). Rule 197 governs ex parte measures and Rule 196.6 security.
Question
May a proprietor obtain, without hearing the defendant, inspection and preservation of evidence at a trade fair booth for a product of which it has only examined a sample acquired outside the territory?
Decision
The application is admissible, LiNA having indicated the intended action on the merits (paragraph 13). Infringement is plausible: examination of the US product, described as a slavish copy, shows that claims 1 to 6 are met, and the exhibited product is identical in appearance, labelling apart (paragraphs 14 to 17). Validity is not examined absent clear indications of doubt such as a negative decision (paragraph 18).
The measure is necessary, since the internal structure cannot otherwise be checked and the product is not yet sold in Europe (paragraphs 20 to 22), and it must be ordered ex parte, the products being small and the fair lasting only four days (paragraphs 23 and 24). The balance of interests favours LiNA, the confidentiality measures protecting the defendant (paragraphs 25 to 27). An expert is appointed, assisted by a bailiff for any seizure, with only one lawyer for LiNA present. The description may be used only in main proceedings against the defendant, its EU representative and the manufacturer (paragraphs 28 to 31). LiNA advances the expert’s costs (paragraph 32) and no security is required, the exhibitor suffering minor harm at most (paragraph 35). The operative part provides for delivery of a sample to the expert for examination away from the booth, failing that inspection on site, failing that seizure by a bailiff. The remainder is rejected.
Key points for practice
- A sample bought outside the territory, dismantled and identical in appearance to the exhibited product, is enough to make infringement plausible under Art. 60 UPCA.
- In evidence preservation proceedings, validity is examined only where there are clear indications of doubt.
- The short duration of a trade fair and the small size of the product justify ex parte relief without security.
- Practical point: a graduated measure (voluntary delivery of a sample, on-site inspection, then seizure) secures the evidence while limiting the burden on the exhibitor.
Provisions applied
- Agreement on a Unified Patent Court
- Arts 32(1)(c), 33(1)(b), 60 and 73(2)(a)
- Rules of Procedure
- Rules 192, 194, 196, 197, 199 and 220.1(c)
- Case law cited
- Maguin v Tiru, Court of Appeal, 15 July 2025, Bekaert Binjiang Steel v Siltronic, Düsseldorf Local Division, 18 October 2024 (UPC_CFI_539/2024), OTEC v STEROS, Düsseldorf Local Division, 26 March 2025, Van Loon Beheer v Inverquark, Düsseldorf Local Division, 30 October 2025
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: Order to preserve evidence (UPC), Confidentiality club.
Publications by Matthieu Dhenne: Evidence Before Argument: The French Weapon Foreign Patent Holders Forget (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
- claimantLiNA Medical AG5 decisions in the corpusFollow this party
- defendantSchultz Medical (UK) Ltd.2 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
- 18 November 2025 LiNA Medical v Schultz Medical (UK) (CFI, 18 November 2025) Application for preserving evidence pursuant to RoP192 · UPC_CFI_1598/2025
- 19 December 2025 LiNA Medical v Schultz Medical (UK) (CFI, 19 December 2025) Application for an Order for inspection pursuant to RoP199 · UPC_CFI_1598/2025
La description de l'expert est communiquée intégralement au demandeur, la défenderesse n'ayant désigné aucun représentant dans le CMS malgré le code d'accès reçu lors de la signification, ce qui l'empêche de faire valoir ses intérêts de confidentialité.
What the record states
- Nature of the act
- Application for preserving evidence pursuant to RoP192
- Outcome (Dhenne Avocats summary)
- La division locale de Düsseldorf ordonne sans audition l'inspection du morcellateur MORCELLIX exposé au MEDICA, avec remise d'un échantillon à un expert ou, à défaut, saisie, sans garantie, la contrefaçon étant rendue vraisemblable par l'examen d'un produit identique acquis hors du territoire.
- 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 2 593 025 B1mentioned in: Dhenne Avocats analysis Follow this patent
Related decisions cited in the analyses
- LiNA Medical v Schultz Medical (UK) (CFI, 19 December 2025) cited in this record
- Van Loon Beheer Nederland v Inverquark Deutschland (CFI, 30 October 2025) cited in this record
- MAGUIN v TIRU (CoA, 15 July 2025) cited in this record
- OTEC Präzisionsfinish v STEROS GPA INNOVATIVE (CFI, 26 March 2025) cited in this record
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 2 593 025 B1 | Mentioned in the analysis (role not qualified) Also mentioned in 3 other decision(s): LiNA Medical v Schultz Medical (UK) (CFI, 19 December 2025) · LiNA Medical v Tonglu Qianyan Medtech (CFI, 19 December 2025) · LiNA Medical v Tonglu Qianyan Medtech (CFI, 18 November 2025) | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: Dhenne Avocats analysis |
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