UPC CoA 540/2024

Vor dem UPC: biolitec Holding GmbH & Co. KG (7 Verfahren)·Light Guide Optics Germany GmbH (6 Verfahren)

• 2025-02-24
  Appeal RoP220.1Öffentlich

  Zusammenfassung: Court of Appeal rejected Biolitec's appeal against the Düsseldorf Local Division's refusal to grant a preliminary injunction. The CoA upheld the first-instance order, finding that Biolitec had not demonstrated the necessity of provisional measures: proceedings on the merits could be awaited; the status quo on the market had existed for years before the patent was granted; and Biolitec failed to demonstrate sufficient evidence of urgency regarding stocking or tender-related harm. Biolitec was ordered to bear the costs of the appeal proceedings.

  Rechtsfragen anzeigen (4)

  • Provisional measures necessity test (Art.62 UPCA, R.206, R.211 RoP)
  • Weighing parties' interests and time factor
  • Status quo on market predating patent grant
  • Evidence of stocking and tender-related harm