Occlutech v Lepu Medical (Europa) Cooperatief (CFI, 31 October 2025)
| Date | 31 October 2025 |
|---|---|
| Court | CFI |
| Division | Düsseldorf (DE) Local Division |
| Type of action | Application for provisional measures |
| Case number(s) | UPC_CFI_630/2025 |
| Registry reference | UPC_CFI_630/2025 |
| Parties | Occultech GmbH. v. Lepu Medical (Europa) Cooperatief U.A. a. o. |
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 31 October 2025 (UPC_CFI_630/2025), given after an inter partes hearing, the Düsseldorf Local Division ruled on Occlutech’s application for provisional measures against Lepu Medical (Europa) Cooperatief and Lepu Medical Technology (Beijing), based on EP 1 998 686 (occlusion instrument) and directed at the MemoCarna ASD and VSD occluders. The application, admissible but unfounded (paragraph 33), was dismissed, since infringement was not established with the required certainty (paragraph 99), Occlutech bears the costs and the value in dispute was set at EUR 1,000,000.
The order is instructive on the burden of pleading in summary proceedings: faced with a specific denial by the respondent, even a thinly supported one, the applicant must put forward facts allowing the court to decide, and cannot count on expert evidence. It contrasts with the Hamburg order of 21 October 2025 which, on another patent, granted Occlutech’s application against the same products.
Facts and procedure
Occlutech, which had withdrawn on 26 May 2025 the opt-out registered in 2023, filed its application on 8 July 2025 for Germany, France, Italy and the Netherlands. Lepu filed its objection on 11 August 2025 and the hearing took place on 2 October 2025 before a panel including a technically qualified judge (paragraphs 27 to 31). Lepu attended the CSI trade fair in Frankfurt in June 2025, where the products were displayed bearing the CE mark.
The applicable law
Provisional measures require the division to be sufficiently satisfied that infringement is at least more likely than not, the burden of pleading and proof lying on the applicant (paragraph 80). International jurisdiction follows from Art. 31 UPCA and Arts 7(2), 35 and 71b of the Brussels I Recast Regulation, and internal jurisdiction from Art. 33(1)(a) UPCA. Under Rule 171.2, facts not specifically contested are held to be true.
Question
Does the division have jurisdiction over a Chinese respondent attending a German trade fair, and has the applicant shown that the attacked occluders are braided from several wires, as feature 1.1 requires?
Decision
Jurisdiction was upheld: the patent has effect in four states, and attendance at the CSI fair and a website accessible from Europe make damage in Germany plausible, which is sufficient, including for the respondent based in China (Art. 71b(2) Brussels I Recast) and in summary proceedings (paragraphs 34 to 43).
The claim was construed as requiring several wires or filaments (paragraphs 64 to 66), an embodiment that does not fully achieve the intended technical advantage remains covered (paragraph 78). The photographs do not allow the wires, gathered in the ferrule, to be counted (paragraph 84). Lepu’s assertions that a single wire is used, supported by a braiding instruction of uncertain origin, nonetheless amount to a specific denial under Rule 171.2 (paragraphs 87 to 89). Occlutech then had to put forward sufficient facts and did not do so. Expert evidence normally has no place in summary proceedings, and a brochure’s reference to « Nitinol wires » is not enough (paragraphs 90 to 92). Infringement was not established (paragraph 99).
Obiter, the division would have found an offer at the fair (paragraphs 100 to 104) and considered validity sufficiently certain: the burden of invalidity lies on the respondent, the applicant’s translation prevails where the respondent fails to justify its machine translation, and novelty was upheld over DN2 and DN1, both of which are limited to a single wire (paragraphs 105 to 113). The balance of interests would also have favoured Occlutech: there was no undue delay, relevant knowledge dating from the Paris and Dubai congresses of May 2025 and there being no general duty to monitor the market (paragraphs 119 to 127), and there was direct competition and a risk of lasting price erosion (paragraphs 128 to 134). Since infringement was not established, the application was dismissed and costs were awarded against Occlutech as the unsuccessful party (paragraphs 135 to 138). The operative part dismisses the application, orders the applicant to bear the costs and sets the value in dispute at EUR 1,000,000. The panel was presided over by Judge Thomas.
Key points for practice
- In summary proceedings, a specific denial, even a thinly supported one, is enough to put the burden back on the applicant to establish the disputed feature.
- An applicant cannot rely on expert evidence in summary proceedings to establish a hidden technical fact such as the number of wires in a braid.
- Attendance at a specialist trade fair in Germany and a website accessible from Europe are enough to found jurisdiction over a respondent based outside the EU.
- Practical point: before seeking provisional measures, patentees should gather direct technical evidence on features not visible in the product, for instance through a prior order to preserve evidence.
Provisions applied
- Agreement on a Unified Patent Court
- Arts 25, 31, 33(1)(a), 47(1), 62(2), 63(1) and 69(1)
- Rules of Procedure
- Rules 171.2, 206, 209.1, 211.2, 211.3, 211.4, 213.2 and 354.3
- European Patent Convention
- Arts 54 and 69, Protocol on Interpretation
- Regulation (EU) No 1215/2012
- Arts 7(2), 35 and 71b
- Case law cited
- Aylo Freesites v Dish, Court of Appeal, 3 September 2024, NanoString v 10x Genomics, Court of Appeal, 26 February 2024, VusionGroup v Hanshow, Court of Appeal, 13 May 2024, Mammut v Ortovox, Court of Appeal, 25 September 2024 (UPC_CoA_182/2024), Insulet v EOFlow, Court of Appeal, 30 April 2025 (UPC_CoA_768/2024), Biolitec v Light Guide, Court of Appeal, 24 February 2025 (UPC_CoA_540/2024), Sumi Agro v Syngenta, Court of Appeal, 3 March 2025 (UPC_CoA_523/2024), Magna v Valeo, Düsseldorf Local Division, 31 October 2024 (UPC_CFI_347/2024), Occlutech v Lepu Medical, Hamburg Local Division, 21 October 2025
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: Application for a preliminary injunction, Order to preserve evidence (UPC).
Publications by Matthieu Dhenne: The Launch Letter: How Generics and Biosimilars Should Write to Avoid UPC Urgency (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
- claimantOccultech GmbHFollow this party
- defendantLepu Medical (Europa) Cooperatief U.A. a. o2 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
- 31 October 2025 Occlutech v Lepu Medical (Europa) Cooperatief (CFI, 31 October 2025) Application for provisional measures · UPC_CFI_630/2025
- 18 June 2026 Occlutech v Lepu Medical (Europe) Cooperatief U.A. (CoA, 18 June 2026) Appeal RoP220.1 · appeal, first-instance number cited in the decision
La cour d’appel infirme le refus de mesures provisoires et interdit à Lepu la commercialisation des instruments d’occlusion litigieux dans quatre États, un treillis issu d’un fil unique coupé en fabrication relevant de la revendication.
What the record states
- Nature of the act
- Application for provisional measures
- Outcome (Dhenne Avocats summary)
- La demande de mesures provisoires d'Occlutech est rejetée, la reproduction de la caractéristique exigeant plusieurs fils n'étant pas établie face à la contestation précise de Lepu, bien que la validité, l'urgence et la mise en balance des intérêts lui aient été favorables. Elle supporte les frais.
- Appeal
- An appeal is documented in the corpus (see above).
- Instance
- First-instance decision, whether it has become final is not recorded.
Patents mentioned
EP 1 998 686mentioned in: Dhenne Avocats analysis Follow this patent
Related decisions cited in the analyses
- Occlutech v Lepu Medical Technology (Beijing) (CFI, 21 October 2025) cited in this record
- AYLO Premium v DISH Technologies (CoA, 3 September 2024) cited in this record
- SES-imagotag v Hanshow (CoA, 13 May 2024) cited in this record
- NanoString Technologies v 10x Genomics (CoA, 26 February 2024) cited in this record
- Cardo Systems v Shenzhen Ziwu Chuangxin (CFI, 18 June 2026) cites this decision
- Occlutech v Lepu Medical (Europe) Cooperatief U.A. (CoA, 18 June 2026) cites this decision
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 1 998 686 | Mentioned in the analysis (role not qualified) Also mentioned in 3 other decision(s): Occlutech v Lepu Medical (Europe) Cooperatief U.A. (CoA, 18 June 2026) · Occlutech v Lepu Medical (Europa) Cooperatief U.A. (CFI, 2 September 2 · Occlutech v Lepu Medical (Europa) (CFI, 20 August 2025) | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: Dhenne Avocats analysis |
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