LD Düsseldorf, November 5, 2026, decisions on provisional measures, UPC_CFI_1534/2026, UPC_CFI_1532/2026

It constitutes an undue delay for the applicant, instead of promptly undertaking a limited investigatory effort that would have been sufficient to assess infringement of the patent-in-suit, to conduct more extensive and time-consuming investigations that were not necessary for determining infringement of the patent-in-suit before filing its application for preliminary measures.

Where mechanical claim features can be readily ascertained with minimal effort upon acquiring sample products, sending samples abroad for complex CT scans, without explaining why this was needed for the patent-in-suit, constitutes unreasonable delay in asserting provisional relief.

A patentee is not obliged to assert all patents simultaneously; withholding an application until extensive technical analyses on other patents are finalized eliminates the required urgency. Where potential infringement across multiple patents is suspected, the applicant must investigate with due diligence and cannot delay asserting readily verifiable patent rights to coordinate filings.

Although Rule 211.1(d) RoP does not expressly mention respondents, summary proceedings follow main action principles; interim cost reimbursement avoids separate cost assessment proceedings under Rule 150 RoP.