Home » UPC decisions » Luxembourg Court of Appeal » Court of Appeal, January 6, 2026, Order, UPC_CoA_2/2026

Court of Appeal, January 6, 2026, Order, UPC_CoA_2/2026

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Key takeaways

The court will weigh the appellant’s delays against the respondent’s right to respond. The request for discretionary review may be dismissed to maintain procedural efficiency.

While the short deadlines in provisional measures may allow for leniency, judges retain significant discretion to manage case timelines and exclude late submissions to ensure efficiency.

The request must explain why the lower court’s decision was “manifestly erroneous”. General assertions without specific references to the first-instance pleadings are insufficient.

Division

Court of Appeal

UPC number

UPC_CoA_220/26 (Appeal)

UPC_CFI_723/2025 (first-instance proceedings)

Type of proceedings

Appeal (Request for discretionary review in provisional measures proceedings)

Parties

Applicants (in the appeal) / Defendants (at first instance): Angelalign Technology Inc., Angelalign France Technology SASU, Europe Angelalign Technology B.V., Angelalign Technology (Germany) GmbH, Italy Angelalign Technology S.R.L., Shanghai EA Medical Instruments Co., Ltd.

Respondent (in the appeal) / Applicant (at first instance): Align Technology, Inc.

Patent(s)

EP 4 346 690

Body of legislation / Rules

R. 220.2 RoP

R. 220.3 RoP

R. 220.4 RoP

R. 221.2 RoP 


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  • German and European Patent Attorney, UPC Representative, Senior Associate

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