Author: Martin Drews
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LD Düsseldorf, 22 June 2023, order of provisional measures, UPC_CFI_177/2023
Provisional measures do not require a “battle-tested” patent: Provisional measures under Art. 62 UPCA do not require a patent for which validity as been previously confirmed in opposition proceedings or national nullity proceedings. The fact that the asserted patent was granted and no opposition or nullity action was filed provides sufficient basis for the validity…