Topics: Application for provisional measures
-
CoA, December 3, 2024, appeal decision on request for preliminary measures, UPC_CoA_297/2024
When the Court adjudicates on an application for provisional measures pursuant to R. 211.2 RoP in conjunction with Art. 62(4) UPCA, a sufficient degree of certainty (see also Art. 9(3) Directive 2004/48/EC) requires that the court considers on the balance of probabilities, that it is more likely than not, that the Applicant is entitled to…
3 min Reading time→ -
LD Milan, November 22, 2024, Application for provisional measures, UPC_CFI_400/2024
Examination of the application for provisional measures: In proceedings for provisional measures, the Applicant is required to provide cumulatively reasonable evidence to satisfy the Court with a sufficient degree of certainty that: (i) the Applicant is entitled to initiate proceedings under Art. 47 UPCA; (ii) the patent is valid; (iii) its rights are being infringed…
4 min Reading time→ -
Contact us personally!
Tips and advice directly from our Unitary Patents professionals.
-
LD Dusseldorf, October 31, 2024, order on provisional measures, UPC_CFI_368/024
No uniform urgency period.: The urgency period is to be measured from the date on which the applicant is or should have been aware of the infringement. Whether a delay is unreasonable depends on the circumstances of the individual case. There is no fixed deadline by which the applicant must submit its application for provisional…
7 min Reading time→ -
CD Milan, October 1, 2024, Procedural Order, UPC_CFI_380/2024
High threshold for intervention in interim injunction proceedings: The Court rejected the request (here: from Menarini) for intervention, emphasizing that Article 313 RoP permits intervention in interim injunction proceedings only under exceptional circumstances. The mere fact that a third party might be affected by the outcome of the proceedings is not sufficient. Rather, the third…
3 min Reading time→ -
LD Duesseldorf, September 2, 2024, request to allocate another technically qualified judge, UPC_CFI_368/2024
No opportunity for parties to make suggestions on (technical) background of one of the judges allocated to the panel: Defendant’s application for a review of the allocation of a technically qualified judge in order to allocate another technically qualified judge with experience in the field of mechanical engineering is dismissed. The technically qualified judge is…
2 min Reading time→ -
LD Munich, August 27, 2024, order on provisional measures, UPC_CFI_74/2024
Direct infringement of a device claim : In certain cases, there could be a direct infringement of a device claim if the patent infringer appropriates the actions of its customer in the sense of an “extended workbench” (in German: “verlängerte Werkbank”) and it would be unreasonable to hold the infringer liable only for indirect patent…
5 min Reading time→ -
LD The Hague, June 19, 2024, Order of the Court of First Instance, UPC_CFI_130/2024
LD has competence to hear the case in respect to Ireland: The court read Applicant’s application to also cover Ireland, which is a signatory state to the UPCA and therefore a Contracting Member State, even though Ireland has not yet ratified the Agreement. Pursuant to Art. 31 UPCA which provides that the international competence of…
2 min Reading time→ -
Court of Appeal, June 20, 2024, Order on application pursuant to R. 262A RoP, UPC_CoA_234/2024
An order by the Court of First Instance pursuant to R. 262A RoP also applies to the appeal proceedings : A non-appealed order by the Court of First Instance pursuant to R. 262A RoP that restricts access to certain information or evidence to specific persons, unless otherwise stated in the order, continues to apply after…
2 min Reading time→ -
LD Hamburg, May 14, 2024, order, UPC_CFI_151/2024
Security for costs in the proceedings for provisional measures: Art. 69.4 UPCA explicitly refers to proceedings for the application of provisional measures pursuant to Art. 62 UPCA. R. 158 RoP is thus also applicable in the proceedings for provisional measures. The request for a security for costs is in line with the EU law and…
5 min Reading time→ -
CoA Luxembourg, May 13, 2024, order on provisional measures, UPC_CoA_1/2024
The CoA confirmed its standards for the claim construction as stated in the order of CoA of February 26, 2024, UPC_CoA_335/2023: The patent claim is not only the starting point but also a decisive basis for determining the scope of protection of the European Patent. The interpretation of a patent claim does not depend solely…
3 min Reading time→ -
LD Duesseldorf, April 30, 2024, Order on provisional measures, UPC_CFI_463/2023
Rebuttable presumption that the person registered as the patent proprietor is entitled to be registered pursuant to R. 8.5 (c) RoP: If in the case of a European patent a person is registered as the patent proprietor in the respective national register, there is a rebuttable presumption that the person recorded in the respective national…
5 min Reading time→ -
LD Dusseldorf, March 22, 2024, procedural order, UPC_CFI_463/2023
Simultanous interpretation in both directions is available for representatives who do not speak the language of the procedure.: Simultanous interpretation is available to the extent deemed appropriate (Art. 51.2 UPCA). Representatives whose language skills suffice to plead in the procedural language may not use simultanous interpretation. No prior request for simultanous interpretation needs to be…
2 min Reading time→ -
LD Duesseldorf, 25 January 2024, procedural order, UPC_CFI_452/2023
Assessment of validity of the patent in proceedings for provisional measures : In proceedings for provisional measures, the panel must assess, based on the submissions of the parties, whether the validity challenges raise reasonable doubts about the validity of the asserted patent, Article 62(4) of the UPCA in conjunction with Rule 211.2 of the Rules…
2 min Reading time→ -
LD Düsseldorf, 24 January 2024, procedural order, UPC_CFI_452/2023
CMS workflow for the request under R. 212.3 RoP: In order to ensure that the proceedings run as seamlessly as possible, the CMS provides for a separate workflow for the submission of a request to review in accordance with R. 212.3 RoP. The panel may grant a party the right to re-file a request filed…
2 min Reading time→ -
LD Duesseldorf, 29 January 2024, UPC_CFI_463/2023
Assessment of validity of the patent in proceedings for provisional measures : In proceedings for provisional measures, the panel must assess, based on the submissions of the parties, whether the validity challenges raise reasonable doubts about the validity of the asserted patent, Article 62(4) of the UPCA in conjunction with Rule 211.2 of the Rules…
3 min Reading time→ -
LD Munich, 20 December 2023, order of court of first instance of the UPC, UPC_CFI_292/2023
The original version of a claim of an European patent and any amendments made thereto during the grant proceedings can be used as aid for interpreting the claim. : In principle, a party unsuccessfully applying for provisional measures has to bear the costs incurred by the other party for filing a protective letter.: Division Local…
2 min Reading time→
Stay in the loop
Never miss a beat by subscribing to the email newsletter. Please see our Privacy Policy.