Key takeaways
New facts and evidence on appeal face a strict admissibility threshold under Art. 73(4) UPCA and R. 222.2 RoP.
The Court considers three factors:
(a) whether the party can justify that the submissions could not reasonably have been made at first instance,
(b) the relevance of the new submissions, and
(c) the position of the other party.
Evidence relating to a company the respondents had acquired years earlier was held inadmissible.
In the case at hand, the respondents’ absence from the oral hearing further weighed against admissibility, as the Court could not question them on complex issues raised by the prior art that was the subject of the late transmission, including translation accuracy, the disclosure of a number of the patent features and the enablement of the teaching disclosed therein.
A party absent from the oral hearing is confined to its written submissions under R. 116.2, 116.3 and 240 RoP.
The respondents did not attend the oral hearing and the Court treated them as relying only on their written case. This proved disadvantageous when late-filed evidence raised questions that the Court could not explore without the respondents’ participation.
Under Art. 69 EPC, product claims are construed based on the finished product, not the manufacturing method.
A braiding made from a single wire that is cut into multiple wires during manufacturing results in a finished product comprising multiple wires or threads. The claim requirement of “a braiding of thin wires or threads” is therefore satisfied regardless of the starting material used.
Division
Court of Appeal (first instance: LD Düsseldorf)
UPC number
UPC_CoA_907/2025
Type of proceedings
Proceedings for provisional measures (appeal)
Parties
Appellant (Applicant at first instance): Occlutech GmbH
vs.
Respondent 1 (Defendant at first instance): Lepu Medical (Europe) Cooperatief U.A.
Respondent 2 (Defendant at first instance): Lepu Medical Technology (Beijing) Co., Ltd.
Patent(s)
EP 1 998 686
Jurisdictions
UPC
Body of legislation / Rules
R. 116.2 RoP, R. 116.3 RoP, R. 213 RoP, R. 222.2 RoP
Art. 69 EPC, Art. 73(4) UPCA
