Topics: trade fair
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LD Milan, 6 June 2024, Procedural Order of the Court of First Instance, UPC_CFI_241/2023
Request for information regarding distribution channels: Showing a product at a trade fair in the territory covered by the patent does not automatically create evidence of market entry – burden of proof is with the claimant. A claimant’s request for declaration of defendant’s chain of sale/resale is not justified in case that defendant confirms that…
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LD Düsseldorf, 18 October 2023, order of penalty payment, UPC_CFI_177/2023
The amount of a penalty payment shall be determined (i) to take account of the creditor’s interest in the enforcement of the order not complied with by the debtor, and (ii) to deter the debtor from future violations. The penalty payment shall primarily be determined in view of the debtor and its (past) conduct: If…
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LD Milan, 13 June 2023, decision, UPC_CFI_141/2023
This is a parallel application filed by the same party against another party during the trade fair ITMA: For details, see the post https://upc.law/?post_type=decisions&p=3120 Division Local Division Milan UPC case number UPC_CFI_141/2023 Order reference ORD_500982/2023 Type of proceedings Application for preserving evidence Parties Claimant: OERLIKON TEXTILE GMBH & CO KG Defendant: BHAGAT GROUP Patent EP2145848…
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LD Milan, 13 June 13 2023, decision, UPC_CFI_127/2023
: The conditions referred to in Rule 197.1 RoP and Article 60(5) UPCA, for the granting of the measure without the prior hearing of the defendant, are: The tight deadlines do not allow the parties to be convened before the end of the fair tomorrow; There is a risk that the evidence will no longer…
4 min Reading time→
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