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Wednesday, April 29, 2026

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

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UPC Procedure – Intra-procedural Condition Permitted
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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…
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Munich UPC Division Permits Conditional Counterclaim in Emboline v. AorticLab Patent Dispute 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 betw... Read the full IIPLA article: https://iipla.org/news/munich-upc-division-permits-conditional-counterclaim-in-emboline-v-aorticlab-patent-dispute

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