Topics: Preliminary measure
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Court of Appeal, August 21, 2026, Order on Application for Provisional Measures, UPC-CoA-61/2026
Cost apportionment where success is achieved on only one of several patents at issue: The unsuccessful party may be ordered to bear costs specifically attributable to “its” patent (Art. 69(2) UPCA): In the dispute concerning preliminary measures, two patents were at issue originally, EP201 and EP198. However, the applicant withdrew its request based on EP201…
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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…
7 min Reading time→ -
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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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Court of Appeal – Luxembourg (LU), May 2, 2024, Order re application for suspensive effect, UPC_CoA_177/2024
According to Article 74(1) UPCA, the appeal has no suspensive effect unless the Court of Appeal decides otherwise at the motivated request of one of the parties. : The Court of Appeal can grant the application only if the circumstances of the case justify an exception to the principle that the appeal has no suspensive…
2 min Reading time→
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