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LD The Hague, October 8, 2026 (published October 28, 2026), Order, UPC_CFI_0001615/2026
Publication of the preliminary injunction on defendants’ websites ordered in preliminary proceedings (Art. 80 UPCA): In Fujifilm v Kodak (UPC_CoA_473/2025, para. 399) the UPC Court of Appeal (CoA) held that publication of an own declaration by the infringer on its own webpage: “may find its basis in Art. 80 UPCA, such a measure is justified…
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LD The Hague, October 27, 2026, Order, UPC_CFI_2594/2026, UPC_CFI_2595/2026
No Unreasonable Delay in Seeking Provisional Measures (R. 211.4 RoP): Delay in seeking provisional measures (R. 211.4 RoP) is calculated from when the applicant obtains, or should have obtained, the facts and evidence needed for a reasonable prospect of success (R. 206.2(d) RoP). An applicant acts diligently by basing its application on an in-territory test…
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LD Mannheim, August 11, 2026, Order on Change of Language of Proceedings, UPC_CFI_2082/2026
A claimant’s demonstrated capacity to litigate in English in comparable proceedings may outweigh party size and domicile in a change-of-language decision under Art. 49(5) UPCA, R. 323 RoP (cf. headnote, mn. 21).: Under the CoA case law (Order of 17 April 2024, UPC_CoA_101/2024, para. 22-25 and Order of 18 September 2024, UPC_CoA_354/2024, para. 26-27), changing…
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LD Düsseldorf, April 23, 2026, Decision, Infringement action and CCfR, UPC_CFl_559/2024 and UPC_CFl_106/2025 – Quantificare v. Canfield
Pan-UPC-territorial orders under Art. 34 UPCA can be based on infringing acts in a “carved-out” Contracting Member State (Headnote; mn. 238 et seqq.): The claimant had excluded Germany from the infringement action before the UPC Düsseldorf LD for procedural reasons (parallel proceedings before the Düsseldorf Regional Court for the German national portion of the same…
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LD Mannheim, April 20, 2026, Order, UPC_CFI_1291/2026, Anti-Anti Suit Injunction against “Interim Licence” application before Chinese Court
The UPC has jurisdiction to issue an AASI to secure pending patent infringement proceedings before the UPC (Art. 31, 32(1)(c), 33(1)(a) UPCA) (mn. 16 et seq.): Imminent infringement of patents within the meaning of Article 32(1)(a) UPCA is not only its unlawful use. Also the application for a foreign injunction with the aim to prevent…
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LD Milan, April 21, 2026, Infringement action, UPC_CFI_472/2024
Long-arm jurisdiction via Art. 8 (1) Brussel Ia Recast Regulation (BR): The “risk of irreconcilable judgements” requires a four-part assessment: same factual and legal situation, predictability and no abuse: The question was whether UPC Milan LD had jurisdiction for co-defendants based in Spain (i.e., non-UPC territory) for infringing actions in Spain. The result was affirmative…
