UPC receives first Brazilian claimant: Silimed sues Polytech for patent infringement

2026
2
mins read

UPC receives first Brazilian claimant: Silimed sues Polytech for patent infringement

Anushka Sharma

March 4, 2026

Context

In 2017, Brazilian implant manufacturer Silimed Indústria de Implantes sued German competitor Polytech Health & Aesthetics over polyurethane-coated breast implant technology marketed as “Microthane.” Silimed alleged that Polytech obtained the technology during a prior commercial relationship and later patented it as its own. The matter has been litigated extensively in the Frankfurt Higher Regional Court and the Munich Regional Court through entitlement actions – a procedural mechanism used to determine who is the rightful inventor and patent owner. The former court ruled in December 2024 that Silimed was the true inventor of the disputed breast implant technology, recognizing the Brazilian company’s claim to the invention. Subsequent proceedings in the Munich Regional Court reinforced Silimed’s position, requiring Polytech to transfer key patents to Silimed across multiple jurisdictions.

What’s new

Silimed has now expanded its campaign to the Unified Patent Court’s (UPC’s) Hamburg Local Division (LD). The patent-in-suit is EP2581193 (“a process for manufacturing implants or intermediate products and implants obtained through that process”).

Direct impact

Silimed’s filing marks a notable development for the UPC as it is the first involving a Brazilian company as a claimant in this court. Since the UPC opened in 2023, most claimants have been European, U.S.-based, or Asian companies.

Wider ramification

The UPC action appears to be the next enforcement phase following Silimed’s success in the German entitlement proceedings. With ownership of the disputed technology recognized, Silimed is now in a position to pursue pan-European infringement claims at the UPC.

The defendants include a broad set of companies connected to the Polytech ecosystem and distribution chain: Polytech Health & Aesthetics, Bondimed Aesthetics, Aleamed BV/BVBA, Linea Médica, Sanimpo, Biocablan, and several Polytech affiliates in Italy and the UK. The filing was formally received on 5 February 2026.

The core issue is inventorship and entitlement to patents covering the manufacturing process for the polyurethane coating used in breast implants.

Court and counsel

Panel: Judge Sabine Klepsch, Stefan Schilling, and Rute Lopes.

Silimed is being represented by RNA Law‘s Rob Rodrigues and Karlo Tinoco, as well as Mike Gruber of Carpmaels & Ransford.

Key Takeaways

- Silimed filed a UPC Hamburg LD infringement action over EP2581193. - The case follows German entitlement rulings recognizing Silimed’s inventorship. - Filing is the first UPC claim brought by a Brazilian company. - Defendants span Polytech’s broader affiliate and distribution network. - Dispute centers on patents covering polyurethane coating manufacturing for breast implants.
FAQ

Q&A

This section gives quick answers to the most common questions about this insight. What changed, why it matters, and the practical next steps. If your situation needs tailored advice, contact the RNA Law team.

Q1: What is the UPC case about?

A1: Silimed filed in the UPC’s Hamburg Local Division alleging infringement of EP2581193, which concerns a process for manufacturing implants or intermediate products and implants obtained through that process.

Q2: Why is Silimed’s UPC filing notable?

A2: It is the first UPC case involving a Brazilian company as a claimant since the court opened in 2023.

Q3: What happened in the German entitlement proceedings?

A3: The Frankfurt Higher Regional Court ruled in December 2024 that Silimed was the true inventor of the disputed breast implant technology, and proceedings in the Munich Regional Court required Polytech to transfer key patents to Silimed across multiple jurisdictions.

Q4: Who are the defendants named in the UPC action?

A4: The defendants include Polytech Health & Aesthetics, Bondimed Aesthetics, Aleamed BV/BVBA, Linea Médica, Sanimpo, Biocablan, and several Polytech affiliates in Italy and the UK.

Q5: When was the UPC filing received?

A5: The filing was formally received on 5 February 2026.

Q6: Who is representing Silimed in the matter?

A6: Silimed is represented by RNA Law’s Rob Rodrigues and Karlo Tinoco, as well as Mike Gruber of Carpmaels & Ransford.