LD Milan – Order of September 25, 2023 – UPC_CFI_286/2023 and UPC_CFI_287/2023

Milan Local Division has competence pursuant to Art. 32.1 (c), 33.1 (b), and 60.1 UPCA.

The following points were assessed by the LD:

• Fulfilment of the provisions of Rule 192.2 RoP incl. (a) content of the application, and (b) concise description of the future proceeding in the merits

• Burden of proof for the applicant under art. 60 UPCA – Reasonably available evidence given by the applicant incl. (a) rights on a valid patent, and (b) plausible alleged infringement of the patent-in-suit
• Requirements under Rule 194.2 RoP incl. (a) urgency and (b) reasons to grant an order without hearing the defendant – risk of destruction of evidence
• Payment of court fees
• Balance of interests and modalities of execution incl. (a) presence of two defendants, (b) weighting up of the interest of all parties, (c) adherence to Rule 196.4 RoP, (d) confidentiality, (e) use of written report and any other outcome of the measures to the inspection limited in accordance with Rules 196.2 and 199 RoP, (f) service in accordance with Rule 197.2 RoP, (g) Pursuant to rule 196.3 and 196.6 RoP, the Court orders PMA applicant needs to provide security for the legal costs and other expenses and compensation for any injury incurred or likely to be incurred by the Defendant, (h) defendants may request review according to art. 60.6 UPC and Rule 197.3 RoP, and (i) appeal may be lodged by the parties within fifteen days of the notification in accordance with Art. 73.2 (a) UPCA and Rule 220.1 RoP.