ACT_18551/2024

PROCESS FOR CONCENTRATION OF ANTIBODIES AND THERAPEUTIC PRODUCTS THEREOF

Provisional measuresProvisional MeasuresDusseldorf LDApplication for provisional measures—

This case cites

Authorities cited within the decisions on file for this case.

Target	Legal point	Strength	Excerpt
295	stay of proceedings — not applicable to provisional measures applications	Binding	Rule R. 295 RoP (stay of proceedings) refers to actions and is therefore not applicable to applications for provisional measures.
118.5	costs — gap where no main proceedings	Binding	this is likely to be an unintended gap that opens the way to the corresponding applicability of R. 118.5 RoP.
213.1	provisional measures — obligation to commence main proceedings	Binding	if, by the way of exception and despite the obligation to file an action within the time limit laid down in R. 213.1 RoP, no action is brought on the merits after the order for provisional measures
213.2	provisional measures — damages if measures fail	Binding	the defendant's costs of proceedings may be claimed as part of the damages to be reimbursed pursuant to R. 213.2 RoP
360.1	mootness/settlement	Binding	a corresponding obligation may be imposed in accordance with R. 360.1 RoP in conjunction with R. 11.2 RoP if necessary.
11.2	procedural obligations	Background	a corresponding obligation may be imposed in accordance with R. 360.1 RoP in conjunction with R. 11.2 RoP if necessary.

Target	Legal point	Strength	Excerpt
25	infringement — uniform substantive law	Binding	Art. 25 UPCA constitutes uniform substantive law and Art. 62 (1) UPCA uniform procedural law, which takes precedence over national patent laws and whose content is to be interpreted independently by the Court.
62	provisional measures — uniform procedural law	Binding	Art. 25 UPCA constitutes uniform substantive law and Art. 62 (1) UPCA uniform procedural law, which takes precedence over national patent laws

Target	Legal point	Strength	Excerpt
UPC_CFI_452/2023	costs — calculation basis	Persuasive	The calculation of the Defendant´s preliminary costs on the basis of the RVG is undisputed between the parties and cannot be objected to by the Court (cf. CFI, Local Division Düsseldorf, UPC_CFI 452/2023, Order of 9 April 2024).

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