UPC receives first complaint from Brazil: Silimed sues Polytech for patent infringement

Context: In 2017, Brazilian implant manufacturer Silimed Indústria de Implantes sued German competitor Polytech Health & Aesthetics over polyurethane-coated breast implant technology marketed as “Microthane.” Silimed alleged that Polytech obtained the technology during a prior commercial relationship and later patented it as its own. The matter has been litigated extensively in the Frankfurt Higher Regional Court and the Munich Regional Court through entitlement actions – a procedural mechanism used to determine who is the rightful inventor and patent owner. The former court ruled in December 2024 that Silimed was the true inventor of the disputed breast implant technology, recognizing the Brazilian company’s claim to the invention. Subsequent proceedings in the Munich Regional Court reinforced Silimed’s position, requiring Polytech to transfer key patents to Silimed across multiple jurisdictions.

What’s new: Silimed has now expanded its campaign to the Unified Patent Court’s (UPC’s) Hamburg Local Division (LD). The patent-in-suit is EP2581193 (“a process for manufacturing implants or intermediate products and implants obtained through that process”).

Direct impact: Silimed’s filing marks a notable development for the UPC as it is the first involving a Brazilian company as a claimant in this court. Since the UPC opened in 2023, most claimants have been European, U.S.-based, or Asian companies.

Wider ramification: The UPC action appears to be the next enforcement phase following Silimed’s success in the German entitlement proceedings. With ownership of the disputed technology recognized, Silimed is now in a position to pursue pan-European infringement claims at the UPC.