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UPC CFI 1130/2026
Apr 1, 2026·EP3076673: DECODING AND ENCODING OF PICTURES OF A VIDEO SEQUENCE
- Case details
- StatusCase ClosedActionProvisional measuresCategoryProvisional Measures
- Parties
- Division
- Milan LD
- Technology
- Telecommunications
- Language
- English
- First decided
- Jun 17, 2026
Decisions
- 2026-06-17PI deniedPreliminary injunctionApplication for provisional measures
The Milan Local Division dismissed Ericsson's application for provisional measures (including a preliminary injunction) for lack of urgency. The Court held that, with the main proceedings on the merits already at an advanced stage, Ericsson had not demonstrated new or escalating factual circumstances that would justify granting interim relief rather than awaiting the final decision. Costs of the provisional-measures proceedings were deferred to the main proceedings.
Legal issues:Urgency requirement for provisional measures filed during pending main proceedings (Art. 62 UPCA, R. 206-211 RoP)Burden of proof for new or escalating factual circumstances justifying interim relief late in proceedingsBalancing of parties' interests when final decision on the merits is imminentAdmissibility of provisional-measures applications at any stage of main proceedings (R. 206.1 RoP)Adequacy of financial-loss aggravation alone as grounds for urgency - 2026-06-17PI deniedPreliminary injunctionApplication for provisional measures
The Milan Local Division dismissed Ericsson's application for provisional measures (including a preliminary injunction) for lack of urgency. The Court held that, with the main proceedings on the merits already at an advanced stage, Ericsson had not demonstrated new or escalating factual circumstances that would justify granting interim relief rather than awaiting the final decision. Costs of the provisional-measures proceedings were deferred to the main proceedings.
Legal issues:Urgency requirement for provisional measures filed during pending main proceedings (Art. 62 UPCA, R. 206-211 RoP)Burden of proof for new or escalating factual circumstances justifying interim relief late in proceedingsBalancing of parties' interests when final decision on the merits is imminentAdmissibility of provisional-measures applications at any stage of main proceedings (R. 206.1 RoP)Adequacy of financial-loss aggravation alone as grounds for urgencyDamages:
Documents
| Document title | Date | Public |
|---|---|---|
| action.phaseChange.caseClose | 2026-06-17 | Not public |
| Final Order | 2026-06-17 | Public |
| action.issueDecision.decision | 2026-06-17 | Not public |
| Final Order | 2026-06-17 | Not public |
| Hearing recording reference document | 2026-05-11 | Not public |
| action.issueOrder.order | 2026-05-05 | Not public |
| Order | 2026-05-05 | Not public |
| Receipt | 2026-04-27 | Not public |
| Cover sheet | 2026-04-27 | Not public |
| Application document Defendant | 2026-04-27 | Not public |
| Receipt | 2026-04-27 | Not public |
| Cover sheet | 2026-04-27 | Not public |
| Exhibit Defendant | 2026-04-27 | Not public |
| Statement of defence | 2026-04-27 | Not public |
| Exhibit Defendant | 2026-04-27 | Not public |
| Exhibit Defendant | 2026-04-27 | Not public |
| Exhibit Defendant | 2026-04-27 | Not public |
| Exhibit Defendant | 2026-04-27 | Not public |
| Note | 2026-04-15 | Not public |
| Receipt | 2026-04-14 | Not public |
| Cover sheet | 2026-04-14 | Not public |
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| action.publishOrderDecision.case | 2026-04-08 | Not public |
| action.issueOrder.order | 2026-04-03 | Not public |
| Order | 2026-04-03 | Not public |
| Service Receipt/Service Document | 2026-04-03 | Not public |
| Other Documents | 2026-04-01 | Not public |
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| Exhibit Claimant | 2026-03-31 | Not public |
| Exhibit Claimant | 2026-03-31 | Not public |
| Exhibit Claimant | 2026-03-31 | Not public |
| Exhibit Claimant | 2026-03-31 | Not public |
| Exhibit Claimant | 2026-03-31 | Not public |
| Exhibit Claimant | 2026-03-31 | Not public |
| Exhibit Claimant | 2026-03-31 | Not public |
| Exhibit Claimant | 2026-03-31 | Not public |
Accepted arguments
What the court agreed with — by party.
ASUSTeK accepted jurisdiction and raised no preliminary objections, indicating no intention to evade proceedings; no detrimental change in ASUSTeK's EU asset situation since proceedings began
RespondentLegal basis: R. 206-211 RoP; Art. 62 UPCA
Rejected arguments
What the court did not agree with — and why.
Ericsson's application for provisional measures should be granted because the defendant's infringement continued and financial loss increased during proceedings
ClaimantLegal basis: Art. 62 UPCA; R. 206 RoPTemporal aggravation of economic damage during the proceedings constitutes sufficient urgency for interim relief
ClaimantLegal basis: Art. 62 UPCA; R. 206 RoP