Topics: R. 211.4 RoP
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LD Düsseldorf, November 5, 2026, decisions on provisional measures, UPC_CFI_1534/2026, UPC_CFI_1532/2026
Undue delay arises where an applicant conducts extensive, time-consuming investigations that were not necessary to assess infringement of the patent-in-suit (R. 211.4 RoP): It constitutes an undue delay for the applicant, instead of promptly undertaking a limited investigatory effort that would have been sufficient to assess infringement of the patent-in-suit, to conduct more extensive and…
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LD Paris, November 21, 2025, order on provisional measures, UPC_CFI_697-2025
Clarification of “Unreasonable Delay” under Rule 211.4 RoP: The LD Paris clarifies that the relevant moment for assessing delay is the point in time when the applicant knew or should have known about the upcoming infringing act – not when infringement has already occurred, thereby aligning with other UPC case law (cf. UPC CoA ORD_44387/2024,…
3 min Reading time→
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