Topics: interim award of costs
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LD Düsseldorf, February 12, 2026, order on application for provisional measures, UPC_CFI_723/2025
Non-infringement arguments which are for the first time submitted with the Rejoinder can be rejected as late-field: If a defendant has not (timely) contested that the challenged embodiments infringe the patent in suit and if the court follows the claim interpretation of claimant, infringement will be assumed for the purposes of the proceedings for provisional…
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CoA, November 25, 2025, Decision on competence of the divisions, amendments of the patent, added matter, novelty, inventive step, scope of protection, permanent injunctions, interim award of costs, UPC_CoA_464/2024 etc.
The “same parties” requirement for exclusive local division jurisdiction under Art. 33(4) UPCA means the parties must be identical legal entities.: A revocation action by a claimant company is not barred by a pending infringement action against its parent and another subsidiary, as they are not identical parties. An exception for res judicata effect did not apply…
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LD Düsseldorf, September 6, 2024, order of the court of first instance, UPC_CFI_165/2024 and UPC_CFI_166/2024
Existence of infringement is assessed on the basis of UPC law without recourse to national patent law: Art. 25 UPCA (right to prevent the direct use of the invention) constitutes uniform substantive law and Art. 62 (1) UPCA (provisional and protective measures) uniform procedural law, which takes precedence over national patent laws so that these…
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LD The Hague, July 31, 2024, order on provisional measures, UPC_CFI_195/2024
No lack of urgency although application filed more than nine months after becoming aware of sales of attacked embodiment: Applicant became aware of sales of the attacked embodiment (mushrooms) in UPC territory in late July 2023 and filed an application for provisional measures on May 14, 2024. In the meantime, applicant, amongst others, had three…
5 min Reading time→
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