Topics: Art. 32(1)(c) UPCA
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LD Düsseldorf, May 12, 2026, Order, UPC_CFI_1747/2025
1. The applicant bears the burden of proof for infringement in provisional measures and must demonstrate with sufficient certainty that infringement is more likely than not (Art. 62 UPCA, R. 211 RoP): The Court confirmed that the burden of presentation and proof for facts establishing infringement lies with the applicant. It is not the defendant’s…
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