UPC CFI 2258/2026

Vor dem UPC: ParTec AG (15 Verfahren)·Lenovo Group (15 Verfahren)

• 2026-06-30
  Provisional measuresÖffentlich

  Zusammenfassung: The Dusseldorf Local Division rejected ParTec's application for provisional measures against the Lenovo defendants concerning EP 3 743 812. The Court held that where the application rests on an allegedly ongoing, irreparable loss of market share, a detailed and substantiated account of the market situation before the accused product entered the market is required, and ParTec's allegations of harm were vague and unsubstantiated; the newly attacked embodiment was a non-infringing alternative on the claim construction of the Munich Local Division's merits decision, and the defendants' potential exclusion from the market outweighed the applicant's asserted harm, with the pending main proceedings the appropriate forum. The applicant bears the costs, leave to appeal was granted and the value in dispute was set at EUR 1,000,000.

  Rechtsfragen anzeigen (5)

  • provisional measures under Art. 62 UPCA and R. 206, 209, 212 RoP
  • necessity of provisional measures where main proceedings on the merits are pending
  • substantiation of irreparable harm and loss of market share between direct competitors
  • weighing of the parties' interests
  • costs by analogy with R. 118.5 RoP and setting the value in dispute