GEISTWERT Rechtsanwälte Lawyers Avvocati

UPC-COA-0000040/2026

Emboline, Inc. v. AorticLab srl

Date
2026-07-16
Division
Luxembourg (LU)
Type of action
Appeal
Language
EN

Metadata

Case IDUPC-COA-0000040-2026-3374ddcd192f
Case numberUPC-COA-0000040/2026
Registry numberUPC-COA-0000040/2026
Order reference
Keywords
Headnotes

Documents and full text

Extractor: pypdf | Pages: 4

1 ORDER of the Court of Appeal of the Unified Patent Court issued on 16 July 2026 clarification on a conditional counterclaim for revocation HEADNOTES 1) Limiting a counterclaim for revocation by making it conditional upon a finding of infringement is permissible. 2) There is a need for clarification on such a conditional counterclaim if and when the infringement claimant appeals from a finding of non-infringement by the Court of First Instance. 3) In the event of an appeal by the infringement claimant , the counterclaimant may appeal against the Court of First Instance’s decision not to decide on the counterclaim for revocation . Even though upon a finding of non -infringement a decision not to decide on the counterclaim is i n accordance with the counterclaimant’s request, the (condition ...