AorticLab fends off infringement suit by US competitor Emboline
The local division Munich has ruled that Italian medical device manufacturer AorticLab does not infringe a patent held by its US competitor Emboline. The panel did not rule on the counterclaim for revocation. Both parties must bear their own costs.
16 January 2026 by Christina Schulze
The UPC Court of First Instance has found AorticLab’s product does not infringe Emboline’s patent (case IDs: UPC_CFI_628/2024, UPC_CFI_125/2025). The infringement action targeted AorticLab’s “FLOWer” product. AorticLab may now continue to sell or plan the launch of its embolic protection device. This device is the first and main product launched recently in Europe by the company.
Emboline, based in Santa Cruz, California, holds EP 2 129 425, which protects an embolic protection device. The technology shields downstream organs from potential emboli. The patent is in force in the UPC member states Germany, France, and Italy.
No infringement
The Munich panel, comprising presiding judge Matthias Zigann, legally qualified judges Petri Rinkinen and Tobias Pichlmaier, as well as technically qualified judge Elisabetta Papa, found the infringement action admissible but unfounded.
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- Matthias Zigann
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- Petri Rinkinen
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- Tobias Pichlmaier
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- Elisabetta Papa
The panel did not rule on the counterclaim because during the oral hearing, AorticLab’s representatives clarified they had only filed it in case the panel found infringement. This constitutes a limitation of the counterclaim under Rule 263.3 RoP. AorticLab limited its counterclaim without restriction.
An interesting procedural note is that each party bears its own costs when the defendant files a counterclaim only in the event of infringement. Since Emboline, as the unsuccessful party, must bear the costs of the infringement action and AorticLab bears the costs of the counterclaim — for the same value of proceedings — Article 69 (2) UPCA applies: both parties bear their own costs.
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- Thure Schubert
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- Sabine Agé
A team led by Thure Schubert from Vossius & Brinkhof UPC Litigators represented the claimant and patent holder Emboline.
Meanwhile, a team led by Sabine Agé from Hoyng ROKH Monegier in Paris represented the defendant AorticLab. Laurène Borey and Valentin Wagner are also part of the team. The contact to the client came via Swiss patent attorney André Roland, who regularly represents AorticLab and assisted in developing the technical aspects of the case.
