Topics: urgency
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LD Munich, August 27, 2024, order on provisional measures, UPC_CFI_74/2024
Direct infringement of a device claim : In certain cases, there could be a direct infringement of a device claim if the patent infringer appropriates the actions of its customer in the sense of an “extended workbench” (in German: “verlängerte Werkbank”) and it would be unreasonable to hold the infringer liable only for indirect patent…
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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 Duesseldorf, April 30, 2024, Order on provisional measures, UPC_CFI_463/2023
Rebuttable presumption that the person registered as the patent proprietor is entitled to be registered pursuant to R. 8.5 (c) RoP: If in the case of a European patent a person is registered as the patent proprietor in the respective national register, there is a rebuttable presumption that the person recorded in the respective national…
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