Hamburg - Local Division
UPC_CFI_688/2025

Decision
of the Court of First Instance of the Unified Patent Court
delivered on 30 September 2025
concerning a confirmation of a settlement

CLAIMANT:
MED−EL Elektromedizinische Geräte
Gesellschaft m.b.H.
- Fürstenweg 77a - 6020 - Innsbruck – AT
Represented by
Anna-Katharina Dr. Friese-Okoro

DEFENDANTS:
1. Zhejiang Nurotron Biotechnology Co., Ltd.
(Defendant 1) - No. 17 Longtan Road Cangqian Street,
Yuhang District, - 0000 - Hangzhou City – CN
2. Nurotron Global SARL
(Defendant 2) - 7 Rue des Torterelles, 40510
Seignosse, France
Represented by
Adrián Crespo Velasco
Represented by
Adrián Crespo Velasco

PATENT AT ISSUE
Patent no. Proprietor/s
EP 4 074 373 MED−EL Elektromedizinische Geräte Gesellscha􀅌m.b.H.

PANEL
Panel of the Hamburg Local Division

DECIDING JUDGES
This decision was issued by the presiding judge Sabine Klepsch, the legally qualified judge and
judge-rapporteur Stefan Johansson and the legally qualified judge Dr. Stefan Schilling.

LANGUAGE OF THE PROCEEDINGS
English

SUBJECT-MATTER OF THE PROCEEDINGS
Infringement action – Confirmation by the Court of a settlement, R. 365 RoP

SUMMARY OF FACTS AND PARTIES’ REQUESTS
1. The Claimant has initiated infringement proceedings against the Defendants, based on alleged
infringements of EP 4 074 373. Thereafter, the Parties have concluded the proceedings by way
of settlement.
2. The Parties have requested
a. that the Court issue a decision confirming the settlement and that the decision may be
enforced as final decision of the Court (Art. 79 UPCA, R. 365.1 RoP),
b. that the details of the settlement shall remain confidential in accordance with the
settlement agreement (R. 365.2 RoP), and
c. that no cost decision shall be made.
3. The Claimant has also submitted an application in accordance with R. 262.2 RoP, requesting
that the Court shall order – in accordance with R. 262.2, 365,2 RoP – that the details of the
settlement agreement dated 10 September 2025 between the parties shall be treated
confidential, and that the non-redacted copy of the settlement agreement dated 10 September
2025 between the parties shall not be published or otherwise made available to the public.
REASONS FOR THE DECISION
4. If requested by the parties, the Court shall – according to R. 365 RoP – confirm the settlement
that they have reached. Such a decision may be enforced as a final decision of the Court and
shall be entered into the register.
5. At the request of the parties, the Court may – according to R. 365.2 and 365.3 RoP – order that
details of the settlement are confidential and that the decision with only a redacted version of
the settlement shall be entered into the register.
6. In this case, the settlement agreement contains confidential information. Hence, the
conditions for confirming the settlement and to include the decision with only the redacted
version of the settlement in the register are fulfilled.
7. As confirmed by the Court of Appeal in inter alia cases CoA_120/2025 and CoA_46/2025, the
Court shall not decide on the R. 262.2 RoP request unless/until a R. 262.1(b) RoP request has
been made by a member of the public.
8. As the parties have agreed that the Court shall not issue an order regarding costs in these
proceedings, the Court will refrain from doing so.

DECISION
I. At the request of the Parties, the Court confirms, pursuant to R. 365.1 RoP, that the Parties
have concluded the following Settlement Agreement:
(...)
II. This decision including only the redacted version of the settlement shall be entered on the
register. Hence, the unredacted version of the decision shall remain confidential.
III. This decision is enforceable as a final decision of the Court.

Issued in Hamburg on 30 September 2025

INFORMATION ABOUT APPEAL
An appeal against the present Decision may be lodged at the Court of Appeal, by any party which
has been unsuccessful, in whole or in part, in its submissions, within two months of the date of
notification (Art. 73(1) UPCA, R. 220.1(a), 224.1(a) RoP).
INFORMATION ABOUT ENFORCEMENT (RULE 68(1) RGR)
The decision may be enforced as a final decision of the Court, Art. 79 UPCA, Art. 82 UPCA, R. 118.8
RoP, R. 354 RoP. An authentic copy of the enforceable decision will be issued by the Deputy-
Registrar upon request of the enforcing party, R. 69 RegR.