Key takeaways
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 of the asserted patent.
Requirements for an interim award of costs under Rule 211.1 RoP
Costs for which a party requests an interim award and that go beyond the statutory court fees must be substantiated.
Ex parte provisional measures
The introduction of the infringing product at a trade fair justifies the ex parte order of provisional measures one day after the start of the trade fair and on the same day of the filing of the application for provisional measures.
Division
Local Division Düsseldorf
UPC case number
UPC_CFI_177/2023
Type of proceedings
Request for provisional measures
Parties
Applicant:
myStromer AG, Freiburgstraße 798, 3173 Oberwangen b Bern, Schweiz
Respondent:
Revolt Zycling AG, Allmendstraße 15, 8320 Fehraltdorf, Schweiz
Patent(s)
EP 2 546 134 B1
Jurisdictions
- Germany
- The Netherlands
- France
- Italy
Body of legislation / Rules
- Art. 25 UPCA
- Art. 62 UPCA
- Rule 209.2 RoP
- Rule 211.1 RoP
- Rule 212.1 RoP