UPC_CFI_452/2023

SEARCH DEVICE FOR AVALANCHE VICTIMS AND METHOD FOR OPERATING A SEARCH DEVICE FOR AVALANCHE VICTIMS

Provisional measuresProvisional MeasuresDusseldorf LDProvisional measuresCase Closed

Overview Decisions Reasoning Citations Documents Timeline

Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.

Plain-English summary

Ortovox Sportartikel GmbH obtained an ex parte preliminary injunction from the Düsseldorf Local Division against Mammut Sports Group AG and GmbH prohibiting the sale of avalanche transceivers allegedly infringing EP 3 466 498 B1 in Germany and Austria, conditional on Ortovox providing EUR 500,000 security. The court appointed a technically qualified judge ex officio under Art. 8(5)(2) UPCA given the technical complexity, and subsequent procedural orders addressed the R. 212.3 review request and confidentiality protection of Mammut's trade secrets.

Accepted arguments

What the court agreed with — by party.

ex parte preliminary injunction against Mammut prohibiting sale of avalanche transceiver products infringing EP 3 466 498 B1
ClaimantLegal basis: Art. 62 UPCA; R. 212.1 RoP
Note: The Düsseldorf LD granted the ex parte order finding prima facie infringement; validity must be sufficiently established before granting PI.
technically qualified judge should be appointed ex officio in provisional measures proceedings given technical complexity of the patent
argumentParty.courtLegal basis: Art. 8(5)(2) UPCA
Note: Court applied Art. 8(5)(2) UPCA to appoint a TQJ in both the PI and the subsequent review proceedings, following Munich and Helsinki decisions.

Rejected arguments

What the court did not agree with — and why.

No rejected arguments captured.

Key legal principles

Doctrines and rules cited in the reasoning.

validity must be sufficiently established before granting provisional measures under Art. 62(4) UPCA and R. 211.2 RoP technically qualified judge can be appointed ex officio in PI proceedings under Art. 8(5)(2) UPCA review of ex parte order under R. 212.3 / R. 197.3-4 RoP available to respondent within 30 days of service R. 262A confidentiality protection workflow in CMS provides pre-emptive access restriction pending final confidentiality order

Browse other cases on this principle.

Claim construction notes

EP 3 466 498 B1 claims an avalanche rescue transceiver (Lawinen-Verschütteten-Suchgerät) with a control unit that drives a loudspeaker to output a voice message and sound signal, where the sound signal is suppressed or reduced in volume when the voice message is output. The claim elements set out in the order include detailed features of the send/receive unit and the speech/sound prioritisation logic.