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Decision on the merits of the Court of First Instance of the Unified Patent Court Local Division Munich issued on 13 January 2026 HEADNOTES: 1. Patent infringement is not excluded by the fact that a device is normally operated in a non-infringing manner and customers therefore do not regularly make use of the patent ed teaching, as long as the use of the patented teaching remains possible when using the device. In the case of a medical device, however, the possibility of an irregular but patent- compliant use can only be considered as patent infringement if such use is in line with professional practice and the recognised rules of medical science. 2. The unconditional transition from a counterclaim to a dependent counterclaim, which is dependent on the occurrence of an intra -procedural co ...