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UPC CFI 1148/2026
Apr 2, 2026·EP4676295 +1 more
- Case details
- StatusCase ClosedActionProvisional measuresCategoryProvisional Measures
- Parties
- ClaimantsReps: Ole Dirks (Wildanger Kehrwald Graf von Schwerin & Partner mbB); Jochen Kapfenberger (Cohausz & Florack)RespondentsReps: Axel Verhauwen (Krieger Mes & Graf von der Groeben Partnerschaft mbB); Jens Künzel (Krieger Mes & Graf von der Groeben Partnerschaft mbB); Jan Dantz (Loesenbeck Specht Dantz); Jan Specht (Loesenbeck Specht Dantz)
- Division
- Munich LD
- Language
- German
- First decided
- May 4, 2026
Decisions
- 2026-05-04WithdrawnPreliminary injunctionApplication for provisional measures
Miele withdrew its application for provisional measures (preliminary injunction) following a court indication that the validity of the asserted claims was in doubt in light of prior art DE 3403121 A1. The withdrawal was accepted, the proceedings declared closed, and Miele was ordered to pay Melitta's costs; additionally, the court directed a 50% refund of court fees to Miele.
Legal issues:Withdrawal of application for provisional measures under R. 265 RoPPartial refund of court fees under R. 370.9(b) RoP upon withdrawal before close of written procedureCourt discretion to deny partial fee refund under R. 370.9(e) RoP in exceptional circumstancesNovelty of claims 7-11 over prior art DE 3403121 A1Cost allocation upon withdrawal under R. 118.5 RoP
Documents
| Document title | Date | Public |
|---|---|---|
| action.issueOrder.order | 2026-05-21 | Not public |
| Order | 2026-05-21 | Not public |
| Receipt | 2026-05-20 | Not public |
| Cover sheet | 2026-05-20 | Not public |
| Exhibit Respondent | 2026-05-20 | Not public |
| Application Respondent | 2026-05-20 | Not public |
| Receipt | 2026-05-13 | Not public |
| Cover sheet | 2026-05-13 | Not public |
| Document Claimant | 2026-05-13 | Not public |
| Final Order | 2026-05-11 | Public |
| action.communication.general | 2026-05-11 | Not public |
| action.phaseChange.caseClose | 2026-05-04 | Not public |
| action.issueDecision.decision | 2026-05-04 | Not public |
| Final Order | 2026-05-04 | Not public |
| Receipt | 2026-05-04 | Not public |
| Cover sheet | 2026-05-04 | Not public |
| Application document Defendant | 2026-05-04 | Not public |
| action.communication.general | 2026-05-04 | Not public |
| Receipt | 2026-04-30 | Not public |
| Cover sheet | 2026-04-30 | Not public |
| Application document Claimant | 2026-04-30 | Not public |
| Note | 2026-04-30 | Not public |
| action.communication.general | 2026-04-28 | Not public |
| Receipt | 2026-04-27 | Not public |
| Cover sheet | 2026-04-27 | Not public |
| Exhibit Defendant | 2026-04-27 | Not public |
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| 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 |
| Exhibit Defendant | 2026-04-27 | Not public |
| Statement of defence | 2026-04-27 | Not public |
| Receipt | 2026-04-20 | Not public |
| Cover sheet | 2026-04-20 | Not public |
| Document | 2026-04-20 | Not public |
| Service Receipt/Service Document | 2026-04-20 | Not public |
| Order | 2026-04-16 | Public |
| Order | 2026-04-16 | Public |
| action.publishOrderDecision.case | 2026-04-16 | Not public |
| action.issueOrder.order | 2026-04-16 | Not public |
| Order | 2026-04-16 | Not public |
| Note | 2026-04-15 | Not public |
| Receipt | 2026-04-09 | Not public |
| Cover sheet | 2026-04-09 | Not public |
| Other document Applicant | 2026-04-09 | Not public |
| Submission Applicant | 2026-04-09 | Not public |
| action.issueOrder.order | 2026-04-07 | Not public |
| Order | 2026-04-07 | Not public |
| Other Documents | 2026-04-02 | Not public |
| Receipt | 2026-04-02 | Not public |
| Cover sheet | 2026-04-02 | Not public |
| Fee | 2026-04-02 | Not public |
| Proof of payment | 2026-04-02 | Not public |
| Exhibit Claimant | 2026-04-02 | Not public |
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| Exhibit Claimant | 2026-04-02 | Not public |
| Exhibit Claimant | 2026-04-02 | Not public |
| Exhibit Claimant | 2026-04-02 | Not public |
| Exhibit Claimant | 2026-04-02 | Not public |
| Application for provisional measures | 2026-04-02 | Not public |