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Overview · Filed: Oct 31, 2024

UPC_CFI_650/2024

MOTORCYCLE TYRE AND PAIR OF MOTORCYCLE TYRES

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

Pirelli Tyre S.p.A. obtained an ex parte seizure and delivery order from the Milan Local Division against Tianjin Kingtyre Group Co. Ltd. and Kingtyre Deutschland GmbH concerning motorcycle tyres exhibited at EICMA 2024 that allegedly reproduce claims 1 and 3 of EP 2 519 412 B1 (motorcycle tyre patent). The court granted seizure but notably declined to grant an ex parte injunction, and required Pirelli to initiate merits proceedings within 31 days.

Accepted arguments
What the court agreed with — by party.

  • Tianjin Kingtyre 'Radial tire high speed K902' and 'Motorcycle radial tyre-slick racing Grade W' reproduce features of claims 1 and 3 of EP 2 519 412

    ClaimantLegal basis: Art. 62 UPCA; R. 206 RoP; prima facie infringement

    Note: Milan Local Division granted ex parte seizure accepting prima facie infringement of EP 2 519 412 (motorcycle tyre and pair of motorcycle tyres patent).

  • Urgency and risk of product dispersal at EICMA 2024 justify ex parte provisional measures

    ClaimantLegal basis: Art. 62 UPCA; R. 206.3(a) RoP

    Note: The presiding judge noted urgency and assigned the matter to a single judge on the date of filing.

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

  • Injunction (inibitoria) should also be granted ex parte

    ClaimantLegal basis: R. 209(4) RoP; proportionality

    Reason: The court declined to grant the injunction inaudita altera parte, having indicated its intention not to do so in a preliminary order (ORD_59450/2024); only seizure and delivery were granted ex parte.

Key legal principles
Doctrines and rules cited in the reasoning.
Ex parte seizure at trade fair granted but ex parte injunction declined — partial ex parte relief based on proportionalityExecution should occur outside public opening hours where possible (proportionality in trade fair context)Merits proceedings must be commenced within 31 calendar days or 20 working days of service

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