Appellate court finds that the first-instance reasoning does not provide a sufficient basis for enforcement while the merits appeal continues
DIEBURG, Germany, Sept. 10, 2026 /PRNewswire/ — POLYTECH Health & Aesthetics GmbH today confirmed that the Munich Higher Regional Court has ordered enforcement of the preliminary injunction issued by Munich Regional Court I on 2 April 2026 to be temporarily stayed following POLYTECH’s provision of the required security.
The order was issued on 20 August 2026 in appeal proceedings brought by POLYTECH. Once the required security is effective, the first-instance judgment cannot be enforced while the stay remains in place. The underlying appeal against the preliminary injunction continues.
Decision at a glance
- On 20 August 2026, the Munich Higher Regional Court stayed enforcement of the Munich Regional Court I judgment dated 2 April 2026.
- The stay is subject to POLYTECH providing the required security.
- The appellate proceedings remain pending; the order is not a final ruling on the merits.
The appellate court did not simply reassess commercial inconvenience. Applying the exceptional standard for staying enforcement of a preliminary injunction, the Court concluded that the reasoning of the first-instance judgment did not provide a sufficient basis for continued enforcement.
What the appellate court found
- The alleged old and new manufacturing processes constitute separate subject matters. The Regional Court did not distinguish and assess them separately as required.
- The Regional Court should not have left unresolved whether POLYTECH had changed its manufacturing process.
- For the relevant claims concerning the alleged new process, urgency was absent or, at minimum, had not been established by sustainable reasoning.
- For claim 20 of the patent at issue, the Regional Court had not conducted the required sufficient assessment of validity when evaluating the basis for interim relief.
- The Higher Regional Court recorded that POLYTECH had advanced “quite weighty arguments” concerning the Regional Court’s interpretation of the patent, while leaving the ultimate issue for the merits appeal.
“The Higher Regional Court’s order is an important correction to the immediate effects of the first-instance judgment. It recognises that the reasoning supporting enforcement was insufficient and restores essential flexibility while the appeal is heard. We will continue to defend our position through the proper legal channels and keep our customers, partners, employees and investors informed of material developments.”
Prof. Dr. med. Karsten Hemmrich, Chief Executive Officer, POLYTECH Health & Aesthetics GmbH
Practical effect and status of the proceedings
The stay removes Silimed’s ability to enforce the first-instance judgment while the stay is effective. POLYTECH will manage the resumption of affected activities in accordance with the court order and all applicable legal and regulatory requirements.
The amount of security was calculated by reference to the estimated period until the appeal is decided. It is not a fine, a damages award, a payment to Silimed or an admission of liability.
The decision is interim. It does not finally determine the appeal or every disputed patent issue, and it does not itself revoke the preliminary injunction. It stays enforcement of the first-instance judgment. The dispute concerns patent claims relating to a manufacturing process; it does not concern the safety, regulatory compliance or clinical performance of POLYTECH’s implant portfolio.
POLYTECH will continue to pursue the appeal and will provide further updates when developments are material and appropriate for public disclosure.
Court references
Munich Higher Regional Court, order dated 20 August 2026, case 6 U 1070/26 e. Munich Regional Court I, judgment dated 2 April 2026, case 7 O 290/26.
About POLYTECH Health & Aesthetics
POLYTECH Health & Aesthetics GmbH is a Germany-based medical technology company specialising in breast aesthetics, reconstruction, and body contouring. With a global footprint in over 90 countries and with 40 years of manufacturing experience, the company is trusted by surgeons and patients worldwide. POLYTECH combines in-house research and development, manufacturing expertise and professional education to support clinical practice in aesthetic and reconstructive surgery. The company develops and manufactures all breast implants at its headquarters in Dieburg, Germany.
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