Context: Silimed, a Brazilian implant maker, sued its former German distributor Polytech in 2017 over EP2581193 (“Process for the manufacture of implants or intermediate products of such implants as well as implants and intermediate products obtained by such process”). In November 2024, the Frankfurt Higher Regional Court ruled that the invention belonged to Silimed and ordered Polytech to transfer the patent. While that judgment was not yet final, the Munich I Regional Court issued a preliminary injunction (PI) in December 2024 that barred Polytech from impairing the patent’s legal standing, which was meant to protect the patent until the transfer. After the transfer, Silimed became the first Brazilian claimant at the UPC (March 4, 2026 ip fray article) and won a separate infringement PI in Munich (April 7, 2026 ip fray article). Polytech’s parent company then filed a nullity action against the German part of the patent, which blocks the withdrawal of an opt-out from the UPC under the UPC Agreement (UPCA), the Regional Court ordered six months of coercive detention against a Polytech managing director on May 22, 2026, for allegedly violating the PI (June 1, 2026 ip fray article).
To Read The Full Story
Continue reading your article with a Membership
Court and counsel
Munich Higher Regional Court, Patent Senate: Presiding Judge Lars Meinhardt, Judge Dr. Viola Vogel, and Judge Georg Baumann.
Polytech is being represented by Hogan Lovells Cadwalader’s Christian Stoll, Dr. Kim Lars Mehrbrey, Sophia Jaeger, and Natascha Leymann; Viering, Jentschura & Partner’s Jörg Wahl and Dr. Clemens Gillen.
Meanwhile, Silimed Indústria de Implantes Ltda. is being represented by Carpmaels & Ransford LLP’s Mike Gruber and John Brunner. For the global campaign, Silimed is being represented by RNA Law‘s Rob Rodrigues and Karlo Tinoco.