IIPLA News

Munich UPC Division Permits Conditional Counterclaim in Emboline v. AorticLab Patent Dispute

Court affirms intra-procedural condition on revocation counterclaim, but finds no infringement and orders defendant to pay related costs

The Munich Local Division of the Unified Patent Court has ruled that a defendant may condition a counterclaim for revocation on a finding of infringement, provided it does not disadvantage the claimant. In the case between Emboline Inc. and AorticLab srl, the court ultimately found no infringement, rendering the count…