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Stratasys v Bambulab (CFI, 24 April 2026)

Date24 April 2026
CourtCFI
DivisionThe Hague (NL) Local Division
Type of actionApplication for provisional measures
Case number(s)UPC_CFI_305/2026
Registry referenceUPC-CFI-305/2026
PartiesStratasys, Inc. v. Bambulab GmbH

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.

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Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 24 April 2026 (UPC_CFI_305/2026), The Hague Local Division dismisses Stratasys’ application for provisional measures against Bambulab under EP 2 964 450, on an additive manufacturing method using purge towers, directed at BambuLab H2C 3D printers. The panel holds that the feature « layer by layer » requires horizontal layers of a single material, which the H2C prime tower does not have, and does not rule on urgency or validity. Stratasys is ordered to pay costs, set by agreement between the parties at EUR 112,000. The order shows that an application may fail on the construction of a single feature added during prosecution.

Facts and procedure

Stratasys, proprietor of the patent as maintained in amended form by the EPO Opposition Division, alleges indirect infringement of claims 1, 2, 4, 6 and 8 to 13 in France, Germany and the Netherlands. The H2C was launched in Europe at the Formnext fair (18 to 21 November 2025). A test purchase was delivered on 16 December 2025 and testing completed on 21 January 2026 (paragraphs 4 and 5). Bambulab brought a revocation action before the Paris Central Division on 12 December 2025, and the application for provisional measures was filed on 28 January 2026 (paragraph 10). The hearing took place on 1 April 2026, unannounced online participants were excluded and remote note-taking by third parties was refused (paragraph 21).

The applicable law

Under Rule 211.2 RoP and Article 62(4) UPCA, the applicant must show that it is more likely than not that it is entitled to sue and that the patent is infringed. It bears the burden of presenting and proving the facts (paragraph 16). The claim is construed under Article 69 EPC and the Court of Appeal’s NanoString case law, the description and drawings serving as aids, from the skilled person’s perspective (paragraph 28).

Question

Does the prime tower generated by the H2C printer, which places several materials side by side in the same plane, print a purge tower « in a layer by layer manner » within the meaning of feature 1.4.1?

Decision

The panel adopts Bambulab’s reading: in light of the context, Figure 6 and paragraphs [0057] and [0058], each purge operation creates a new horizontal layer of a single material, and a tower placing materials side by side in the same plane falls outside the claim (paragraphs 30 to 35), Stratasys had itself given a similar interpretation to the examiner (paragraph 36). The prime tower can be treated as a purge tower (paragraphs 37 and 38), but its boundary line and layers combining red and blue support material rule out layer by layer printing of a single material (paragraphs 39 to 41). As equivalence was not argued, infringement is not more likely than not. Urgency and validity are provisionally assumed (paragraph 42). Costs follow the event (Article 69 UPCA) and the agreed amount, equal to the ceiling for a value of EUR 1,000,000, is declared directly enforceable (paragraphs 43 to 45).

Key points for practice

Provisions applied

Agreement on a Unified Patent Court
Arts 31, 32(1)(c), 62(4), 69 and 73(2)(a)
Rules of Procedure
Rules 9, 115, 118.8, 206.2, 209.1, 211.1, 211.2, 211.6, 220.1 and 224.1
European Patent Convention
Art. 69
Directive 2004/48/EC
Art. 9(3)
Regulation (EU) No 1215/2012
Art. 4
Case law cited
NanoString v 10x Genomics, Court of Appeal, 26 February 2024, Amazon v InterDigital, Court of Appeal, 30 March 2026, Kodak v Fujifilm, Court of Appeal, 14 October 2025, EPO Enlarged Board of Appeal, G 1/24

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
Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

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.

Proceedings

  • UPC_CFI_305/2026 official number

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Parties

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act
Application for provisional measures
Outcome (Dhenne Avocats summary)
La demande de mesures provisoires est rejetée, la tour d'amorçage de la H2C ne réalisant pas l'impression couche par couche d'un seul matériau exigée par la revendication 1, Stratasys supporte les frais, fixés à 112 000 euros.
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

Related decisions cited in the analyses

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Patents and standards

PublicationRole in the disputeFamilyStandard and declarationPoolSources
EP 2 964 450Mentioned in the analysis (role not qualified)not recordednot recordednot recordedEspacenet
links not checked
mentioned in: Dhenne Avocats analysis
The statuses “asserted in litigation”, “declared essential”, “listed by a pool” and “essentiality examined by a court” are distinct and may coexist. Validity, infringement and technical essentiality are different questions. Scope: patents cited in the decisions of the Dhenne Avocats corpus, with no essentiality score or prediction.

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