Topics: R. 211 RoP
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Court of Appeal, August 13, 2025, order concerning an application for provisional measures, UPC_CoA_446/2025, UPC_CoA_520/2025
Mere marketing authorisation for generics does not constitute imminent infringement (Art. 62(1) UPCA; R. 206.2(c) RoP): The grant or application for a marketing authorisation alone is insufficient to establish imminent infringement. Additional steps are required for the threshold to be met, and the Court of Appeal clarified that this threshold can be crossed when a…
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LD Brussels, March 21, 2025, order on application for provisional measures, UPC_CFI_582/2024
Rule 19.1(b) RoP does not apply to objections to provisional measures due to their expedited nature : The preliminary objection pursuant to R. 19.(b) RoP relates to proceedings on the merits. This is based on procedural economy and the (extended) timeframe within which theparties in infringement actions, revocation actions and actions for declaration of non-infringement…
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Court of Appeal, February 14, 2025, order on request for provisional measures, UPC_CoA_382/2024
Claim construction regarding means-plus-function features.: Means-plus-function features must be understood as any feature suitable for carrying out the function (headnote 1, para. 47). Added matter assessment.: General provisions: The Court must ascertain what the skilled person would derive directly and unambiguously using their common general knowledge and seen objectively and relative to the date of…
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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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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 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…
3 min Reading time→
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