After ownership change: Silimed and Polytech poised to fight it out at UPC

Just over a year ago, the Frankfurt Higher Regional Court granted Silimed the property rights to EP 2 581 193. The patent protects a process for manufacturing implants. Since 2017 the Brazilian manufacturer had fought with competitor Polytech over the ownership of the technology.

After the rights were officially transferred, Silimed recently launched an infringement action against Polytech and several of its European distributors at the UPC local division Hamburg (case ID: UPC-CFI-0000481/2026). The panel around presiding judge Sabine Klepsch also includes legally qualified judges Stefan Schilling and Rute Lopes.

In 2011, Polytech registered the basic patent but Silimed claimed to be the inventor of this technology and filed an entitlement action in 2017. Initially, Silimed had little success with its claims in Frankfurt. The dispute went through the courts to the Federal Court of Justice, which overturned the judgment against Silimed and referred the dispute back to the Higher Regional Court Frankfurt.

Change of ownership

Based on new documents, the Frankfurt court then ruled in December 2024 that Silimed developed the technology and awarded EP 193 to the Brazilian company (case ID: 6 U 79/19). Polytech then filed an appeal against the denial of leave to appeal and had the Higher Regional Court Frankfurt’s decision reviewed by the Federal Court of Justice.

Shortly before Christmas the highest German court dismissed Polytech’s appeal (case ID: X ZR 111/24). This finally cleared the way for Silimed to assert its EP 193 at the UPC. Earlier this month a nullity suit at the German Federal Patent Court was filed against the German part of EP 193 (case ID: 6 Ni 6/26).

In a parallel entitlement action, Munich Regional Court also ruled early last year that all rights concerning EP 3 002 101 belong to Silimed. An appeal filed by Polytech is still pending (case ID: 6 U 1126/25).

From the get-go

Mike Gruber, partner at Carpmaels & Ransford, filed the infringement action at the UPC for Silimed and is taking the lead in the proceedings. He has represented the Brazilian client from the beginning of the dispute. London-based partner and patent attorney John Brunner is advising on technical matters. Patent attorney Natascha Christian and litigator Melanie Schain are also part of the team. Karlo Tinoco and Rob Rodrigues from São Paulo firm RNA Law manage the cross-border litigation.

In the previous entitlement action in Frankfurt, Gruber worked with Nils Hölder. At the time both litigators still worked for Hoffmann Eitle. They took the case with them when they moved to Carpmaels & Ransford last year.

In the parallel proceedings over EP 101, a mixed team around Michael Schneider of Eisenführ Speiser is leading the entitlement action in Munich.

For the UPC case, Polytech has retained Jörg Wahl of Viering Jentschura & Partner. The team took over from Boehmert & Boehmert in early 2025.

The distributors Aleamed, Linea Médica, Sanimpo and Biocablan have instructed Maiwald. Düsseldorf-based litigator Christian Meyer will lead the case.