Key takeaways
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 purchase rather than an earlier out-of-territory one, and by promptly testing and filing once sufficient evidence was gathered.
Contextual Claim Construction of Functional Features
Claims must be interpreted from the perspective of the skilled person in light of the patent specification as a whole pursuant to Art. 69 EPC, combining fair protection for the patent proprietor with legal certainty for third parties.
A claimed “reservoir” functionally denotes any space collecting liquid via under-pressure, including intermediate transport manifolds, while a claimed “sealing attachment” requires a structural, fluid-restricting seal rather than attachment established purely through operational suction.
Balance of Interests, Irreparable Harm, and Denial of Enforcement Security
Irreparable harm justifying an injunction under Art. 62(2) UPCA and R. 211.3 RoP is established where direct competition in durable consumer goods threatens irreversible market share erosion and loss of aftermarket consumable sales.
Requests for security for enforcement under R. 211.5 RoP will be denied where the defendant fails to substantiate expected difficulties in recovering damages from an established European entity, or where contradictory to assertions of non-activity.
Division
Local Division The Hague
UPC number
UPC_CFI_2594/2026, UPC_CFI_2595/2026
Type of proceedings
Proceedings for provisional measures
Parties
Applicants:
Versuni Holding B.V. (Applicant 1)
Versuni Netherlands B.V. (Applicant 2)
Defendants:
Dreame Technology Netherlands B.V. (Defendant 1)
Dreame International (HongKong) Limited (Defendant 2)
Patent(s)
EP 3 169 210, EP 4 274 458
Jurisdictions
UPC
Body of legislation / Rules
R. 109.4 RoP; R. 118.5 RoP; R. 206.2(b)–(e); R. 209.1(a) RoP; R. 211.1–211.6 RoP; R. 213.1 RoP; R. 220.1(c) RoP; R. 224.1(b) RoP; Art. 47 UPCA; Art. 48(4) UPCA; Art. 60(5) UPCA; Art. 62(1)–(5) UPCA; Art. 63(2) UPCA; Art. 67(1)(a), (c) UPCA; Art. 69 UPCA; Art. 73(2)(a) UPCA; Art. 69 EPC and Protocol on Interpretation; Art. 26 Regulation (EU) No 1215/2012 (Brussels I recast); Art. 9(3) Directive 2004/48/EC
