Topics: urgency assessment
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LD Düsseldorf, May 7, 2026, refusal of provisional measures, UPC_CFI_1927/2025, 1928/2025
Re urgency requirement in case of provisional measures: – Applicant’s burden to present/prove: the gaining of knowledge of the infringing embodiment, the potential infringement, and its prompt verification. – Defendant’s burden to present/prove: the evidence from which it can be inferred that the applicant must have had prior knowledge and from which hesitant conduct can…
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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,…
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