LD Milan, 6 June 2024, Procedural Order of the Court of First Instance, UPC_CFI_241/2023

Showing a product at a trade fair in the territory covered by the patent does not automatically create evidence of market entry – burden of proof is with the claimant.

A claimant’s request for declaration of defendant’s chain of sale/resale is not justified in case that defendant confirms that no sale took place in the territory covered by the patent and when there are no indications to the contrary.

The interest of the patent holder in the case cannot be considered limited to the damage suffered, but must be considered in its complexity also with respect to the anticipated protection of its own patent and its image on the market. Thus, the average value of the machines which are subject of the action and the common royalties in this field can be taken into account even if there is no evidence for actual sales by the defendant and thus actual lost profit of the claimant.