Topics: Preliminary Injunction
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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…
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Final Order of the Court of First Instance of the Unified Patent Court delivered on 26/06/2024
Determining the scope of protection based on the patent claim: The patent claim is always to be interpreted from the point of view of a person skilled in the art. The skilled person takes into account the purpose of every patent claim to provide them with a technical teaching which, when reworked, leads to the…
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CoA Luxembourg, September 25, 2024, order on provisional measures, UPC_CoA_182/2024
Background and first instance decision: This decision relates to an appeal regarding a decision on provisional measures and, in particular, answers the question whether submissions from the main proceedings (and related counterclaim for revocation) are to be considered during the appeal stage of provisional measures. The first instance had issued a preliminary injunction in ex…
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CoA Luxemburg, August 26, 2024, Order concerning a request for security for costs of a party in the Court of Appeal, CoA_328_2024
A party can rely on R.158 RoP and R.222.2 RoP to request the Court of Appeal to order theother party to provide adequate security for the legal costs and other expenses incurredand/or to be incurred by the requesting party in the appeal proceedings.: Article 69(4) UPCA provides that, at the request of the defendant, the…
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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…
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LD Munich, 19 September 2023, decision and orders on preliminary measures, UPC_CFI_2/2023
Rule 206 RoP only defines formal requirements: The requirements of Rule 206 RoP only need to be formally presented. If any requirement is missing materially, this does not lead to inadmissibility of the request for provisional measures. The material assessement is governed by Rule 211.2 RoP. Rule 206.2(e) RoP does not apply to requests for…
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LD Vienna, 13 September 2023, order on request for preliminary measures, UPC_CFI_182/2023
PI request is an “action” pursuant to Rule 5.6 RoP: An application for a provisional measure or an injunction is an “action” pursuant to Rules 5 and 5A of the Rules of Procedure (RoP) of the Unified Patent Court. This follows, in particular, from the wording of Art. 32(1) (c) UPCA, which uses the term…
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LD Düsseldorf, 22 June 2023, order of provisional measures, UPC_CFI_177/2023
Provisional measures do not require a “battle-tested” patent: Provisional measures under Art. 62 UPCA do not require a patent for which validity as been previously confirmed in opposition proceedings or national nullity proceedings. The fact that the asserted patent was granted and no opposition or nullity action was filed provides sufficient basis for the validity…
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