Topics: necessity
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Court of Appeal, April 27, 2026, order on provisional measures, UPC_CoA_917/2025
Waiver of defence relating to invalidity: Unlike proceedings on the merits, where the Statement of defence shall include a Counterclaim for revocation (R. 25.1 RoP) if there is an assertion that the patent alleged to be infringed is invalid, an invalidity defence raised in proceedings for provisional measures is not a separate action. Similarly, a…
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LD Düsseldorf, October 17, 2025, Order in the proceedings for provisional measures, UPC_CFI_515/2025
Regular order in the PI proceedings (no decision by default) if the defendant does not lodge an objection within the deadline set by the Court: The Court may issue a regular order for provisional measures based on the application for provisional measures, rather than a decision by default, when a defendant chooses not to lodge…
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