Overview · Filed: Aug 29, 2025
UPC_CFI_808/2025
DETECTION AND TREATMENT OF DISEASE EXHIBITING DISEASE CELL HETEROGENEITY AND SYSTEMS AND METHODS FOR COMMUNICATING TEST RESULTS
Provisional measuresProvisional MeasuresParis LDProvisional measuresOral Phase
This case cites
Authorities cited within the decisions on file for this case.
Rules of Procedure · 6
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 210.1 | oral hearing date in provisional measures proceedings to be set as soon as possible | Binding | pursuant to R. 210.1 RoP, 'where the Court decides to summon the parties to an oral hearing, the date for the oral hearing shall be set as soon as possible after the date of receipt of the Application for Provisional measures'. |
| 271.4 | service of application for provisional measures | Binding | served on all the Defendants on 15 September 2025, in accordance with Rule 271.4 a) and 271.6 b) RoP (Defendants 2 to 4) |
| 274.1 | service of application for provisional measures on defendant outside UPC territory | Binding | with Rule 274.1(a) (ii) RoP (Defendant 1) |
| 209.1 | written procedure timeline in provisional measures | Binding | SUBJECT: R. 209.1 AND R. 210.1 RoP |
| 211.4 | unreasonable delay in filing application for provisional measures | Binding | Unreasonable delay under R. 211.4 RoP: In the present case, a three-month period constitutes a reasonable delay to prepare the application for provisional measures |
| 211.2 | demonstration of infringement with sufficient degree of certainty | Binding | Demonstration of an infringement with a sufficient degree of certainty (R. 211.2 RoP): The burden of proof for the alleged infringement lies with the party invoking it. |
EPC article · 2
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 62 | provisional measures | Binding | Guardant Health ('the Applicant') lodged before the present Division an application for provisional measures against Sophia Genetics entities ('Defendants 1 to 4') pursuant to Article 62 UPCA and Rule 206 RoP |
| 25 | direct infringement | Binding | This is true both for proving allegations of direct infringement (Art. 25 UPCA) and those of indirect i |
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