Topics: R. 119 RoP
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LD Milan, July 10, 2026, decision by default, UPC_CFI_766/2024
Deliberate copying combined with continued infringement despite a provisional injunction establishes the infringer’s knowledge, triggering the stricter damages standard of Art. 68 (1) UPCA: Where a defendant knowingly, or with reasonable grounds to know, engages in infringing activity, the Court must order damages appropriate to the harm actually suffered (Art. 68 (1) UPCA), rather than…
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CoA, July 10, 2026, request for a discretionary review, UPC_CoA_95/2026
Discretionary review under Rule 220.3 RoP requires demonstrating manifest error or a fundamental question of law with systemic implications purely case.: The Court of Appeal confirmed the standard established in earlier decisions: discretionary review is available only where the contested order is manifestly erroneous or raises a fundamental legal question with broader implications for the…
3 min Reading time→ -
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LD Duesseldorf, December 10, 2025, Decision, UPC_CFI_316/2024 and UPC_CFI 547/2024
Recall, removal and destruction generally not applicable in cases of indirect infringement: Orders for recall, removal from the channels of commerce and destruction are generally not considered in cases where products are only challenged on the grounds of indirect patent infringement. (Headnote 1) Claimant must provide sufficient facts to justify award of fixed-rate damages: Although…
3 min Reading time→
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