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UPC CFI 177/2023

Jun 22, 2023·EP2546134 · Combination structure of bicycle frame and motor hub

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Case details
Status
Case Closed
Action
Provisional measures
Category
Provisional measures
Parties
Claimants
Representatives
Respondents
Representatives
Division
Dusseldorf LD
Judges
Technology
  • Mechanical engineering
    Transport
Language
German
First decided
Jun 22, 2023
Last decision
Oct 18, 2023
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Preliminary injunction grantedMedian days to first decision
All UPC54% (38/70)124
Dusseldorf LDLockedLocked
Judge Ronny ThomasLockedLocked
Judge Berenice ThomLockedLocked
Judge András KupeczLockedLocked

At the UPC: myStromer AG (3 cases)·Revolt Zycling AG (4 cases)

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Related cases
All proceedings on this patent

This dispute contains 2 other proceedings

UPC CFI 260/2023·UPC APP 552740/2023

1 other defendants litigating the same or a related patent

CC 585524/2023

Start a free trial to see how each one ended.

More cases: Dusseldorf LD·2023

Decisions
  • 2023-07-03
    Application for provisional measuresPublic

    Summary: The Düsseldorf Local Division granted myStromer AG's application to add a certificate of service and deposit confirmation to the case file in the preliminary injunction proceedings against Revolt Zycling AG.

    Show the legal issues (2)
    • Submission of documents Rule 9 RoP
    • Certificate of service
  • 2023-06-30
    Application for provisional measuresPublic

    Summary: The Düsseldorf Local Division issued a rectification order under Rule 353 RoP correcting the patent number cited in a prior preliminary injunction order in myStromer AG's action against Revolt Zycling AG (EP 2 546 134, not EP 2 456 134).

    Show the legal issues (2)
    • Rectification Rule 353 RoP
    • Correction of patent number
  • 2023-06-22
    Application for provisional measuresPublic

    Summary: The Düsseldorf Local Division granted ex parte provisional measures (preliminary injunction) against Revolt Zycling AG restraining it from infringing EP 2 546 134 B1 (bicycle frame/motor hub combination) at the Eurobike 2023 trade fair, ordering EUR 500,000 security and penalty of up to EUR 250,000 per violation.

    Show the legal issues (4)
    • Provisional measures ex parte Art. 62 UPCA
    • Prima facie validity
    • Irreparable harm
    • Trade fair injunction
  • 2023-06-22
    Application for provisional measuresPublic

    Summary: The Düsseldorf Local Division issued a scheduling order in myStromer AG's application for provisional measures against Revolt Zycling AG, setting pleading deadlines for the preliminary injunction proceedings.

    Show the legal issues (2)
    • Preliminary injunction scheduling
    • Pleading deadlines
Documents
Show all 108 documents
Document titleDatePublic
Case Closure Formal Check2025-03-27Not public
Outcome of the Order2024-08-14Not public
Schließung Workflow2024-08-14Public
Receipt2024-08-13Not public
240813_Stellungnahme_Akteneinsicht2024-08-13Not public
Outcome of the Order2024-05-04Not public
Schließung Workflow2024-05-04Not public
Fristverlängerung2024-01-22Not public
Template-Order2024-01-22Not public
Template-Order2024-01-22Not public
Plain-English summary

myStromer AG obtained an ex parte preliminary injunction from the Düsseldorf Local Division against Revolt Zycling AG prohibiting exhibition and offering of Revolt's electric bicycle hub combination structure at the Eurobike 2023 trade fair, based on EP 2546134 B1. The court found preponderant likelihood of infringement and validity, and irreparable harm from loss of trade fair sales contacts. myStromer's subsequent application to rectify the order to add Austria to the territorial scope was refused because the omission was not a manifest error — the underlying application had only addressed Germany, Netherlands, France, and Italy.

Accepted arguments
What the court agreed with — by party.

  • Prima facie infringement of EP 2546134 by Revolt Zycling's combination structure of bicycle frame and motor hub exhibited at Eurobike 2023

    ClaimantLegal basis: Art. 62 UPCA

    Note: No opposition had been filed against the patent and no revocation action was pending; Revolt presented no relevant prior art in its protective letter.

  • Urgency established: delay would cause irreparable harm as Eurobike 2023 would enable Revolt to acquire customers and market share at patentee's expense

    ClaimantLegal basis: Rule 212.1 RoP

    Note: Products are directly substitutable competing products; trade fair market contacts are not recoverable in damages.

Rejected arguments
What the court did not agree with — and why.

  • Rectification of injunction order to include Austria in the territorial scope

    ClaimantLegal basis: Rule 353 RoP

    Reason: The original order was based on the subsidiary request covering Germany, Netherlands, France and Italy only; Austria was not mentioned in the subsidiary request or infringement analysis; omission was not a manifest error under Rule 353 RoP but reflected the court's actual decision.

Key legal principles
Doctrines and rules cited in the reasoning.
urgency for provisional measures established where delay would cause irreparable harm including loss of trade fair market contactsFor unitary patent enforcement, enforcement before UPC is not equivalent to piecemeal national enforcement and relevance of delay runs from when UPC enforcement became possiblePreponderant likelihood of validity sufficient for provisional measures; absence of opposition or revocation action supports thisRectification under Rule 353 RoP only available for manifest errors in expression of the court's actual will, not to expand the scope of the original order

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