ACT_37931/2024

ROTARY ELECTRIC MACHINE PROVIDED WITH A RESERVOIR OF LUBRICANT FOR LUBRICATING A ROLLING BEARING AND FOR COOLING THE MACHINE

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
8	rebuttable presumption of patent proprietorship	Binding	if the patent proprietor is registered in the European Patent Register or in the national register(s), it may initially rely on a rebuttable presumption (R. 8.5 (c) RoP).
211	urgency in provisional measures	Binding	Whether a delay is unreasonable within the meaning of R. 211.4 RoP depends on the circumstances of the individual case.
354	penalty payments procedure	Binding	These penalties will be determined by the Local Division in Düsseldorf upon request by the Applicant (Art. 63(2) UPCA; R. 354.3 RoP).
220	appealable orders on provisional measures	Binding	The Applicant and the Defendants may bring an appeal against the present order within 15 days of service of this order (Art. 73(2)(a), 62 UPCA, R. 220.1(c), 224.2(b) RoP).

Target	Legal point	Strength	Excerpt
63	penalty payments for non-compliance	Binding	These penalties will be determined by the Local Division in Düsseldorf upon request by the Applicant (Art. 63(2) UPCA; R. 354.3 RoP).
73	right of appeal against provisional measures	Binding	The Applicant and the Defendants may bring an appeal against the present order within 15 days of service of this order (Art. 73(2)(a), 62 UPCA, R. 220.1(c), 224.2(b) RoP).
82	enforcement	Binding	Information about enforcement (Art. 82 UPCA, Art. Art. 37(2) UPCS, R. 118.8, 158.2, 354, 355.4 RoP)

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