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Overview · Filed: Nov 4, 2024

UPC_CFI_643/2024

FASTENING DEVICE, HEAD-PROTECTIVE GEAR WITH SUCH A FASTENING DEVICE

Provisional measuresProvisional MeasuresMilan LDProvisional measuresCase Closed
OverviewDecisionsReasoningCitationsDocumentsTimeline
Coverage: Partial.Reasoning extracted with partial coverage — some sections may be incomplete.
Plain-English summary

Cardo Systems Ltd. (Israel) sought and obtained an ex parte seizure order from the Milan Local Division against Shenzhen Asmax Infinite Technology and Hong Kong Yiheng International Technology, who were exhibiting alleged copies of Cardo's helmet communication fastening device (EP 4 240 194) at the EICMA 2024 trade fair in Milan. The court ordered immediate service by bailiff at the stand, seizure of infringing products and promotional materials, and required Cardo to post EUR 100,000 security; merits proceedings were required within 31 days.

Accepted arguments
What the court agreed with — by party.

  • Ex parte seizure and preliminary injunction at EICMA 2024 trade fair warranted given urgency and risk of irreparable harm

    ClaimantLegal basis: Art. 62 UPCA; R. 206(3)(a) RoP; R. 211 RoP

    Note: Milan Local Division granted ex parte provisional measures because the trade fair created time-critical urgency making prior inter partes procedure impracticable.

  • Accused products (helmet communication systems) reproduce all features of claims 1 and dependent claims of EP 4 240 194

    ClaimantLegal basis: Art. 62 UPCA; infringement of EP4240194

    Note: Court accepted prima facie infringement on the basis of the applicant's submissions and exhibits, sufficient for ex parte provisional measures.

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.
Ex parte provisional measures available where prior notification would defeat the purpose of the relief (R. 206.3(a) RoP)Trade fair context creates special urgency justifying ex parte approachSecurity must be provided by applicant as condition of enforceability (Art. 60.5 UPCA)Merits proceedings must be commenced within 31 calendar days or 20 working days or the order is revocable on respondent's request

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