UPC_CoA_446/2025

INDOLIDONE DERIVATIVES FOR THE TREATMENT OR PREVENTION OF FIBROTIC DISEASES

AppealsMain AppealCourt of AppealAppealCase Closed

This case cites

Authorities cited within the decisions on file for this case.

Target	Legal point	Strength	Excerpt
206	application for provisional measures	Binding	concerning an Application for provisional measures (R. 206 RoP)
211.4	urgency – unreasonable delay in seeking provisional measures	Binding	According to R. 211.4 RoP, the Court shall have regard to any unreasonable delay in seeking provisional measures.
206.2	requirements for filing application for provisional measures	Binding	The delay within the meaning of R. 211.4 RoP shall be calculated from the day on which the Applicant became aware, or should have become aware, of the infringement that would enable him, in accordance with R. 206.2 RoP, to file an Application for ...
206.2	necessary facts and evidence for PI application	Binding	after exercising due diligence, the necessary facts and evidence within the meaning of R. 206.2(d) RoP.
354.3	penalty payments payable to the Court	Binding	The Court of Appeal shall order penalty payments payable to the Court for the event that Zentiva fails to comply with the terms of the order (R. 354.3 RoP).
191	order to communicate information	Binding	According to R. 191 RoP, the Court may in response to a reasoned request by a party order the other party or any third party to communicate such information in the contr

Target	Legal point	Strength	Excerpt
Article 34	territorial scope of UPC decisions covers all CMS where patent has effect	Binding	According to Art. 34 UPCA, decisions of the Court shall cover, in the case of a European patent, the territory of those CMS for which the European patent has effect.
Article 76(1)	claimant may restrict territorial scope of action	Background	A restriction would require the presence of certain circumstances, such as when a claimant has restricted the territorial scope of its action (Art. 76(1) UPCA).
Article 67	order to communicate information about infringing products	Binding	Pursuant to Art. 67 UPCA, the Court may, in response to a justified and proportionate request of the applicant and in accordance with the RoP, order an infringer to inform the applicant of: (a) the origin and distribution channels of the infringin...
Article 24	national law as source of law; parties must adduce national law content	Background	Although national law is a source of law pursuant to Art. 24 UPCA, it is for the parties to bring forward facts and evidence about the content of national law and its application.

Target	Legal point	Strength	Excerpt
UPC_CoA_182/2024	urgency – calculation of delay from awareness of facts sufficient for PI application	Binding	(CoA, order of 25 September 2024, UPC_CoA_182/2024, APL_21143/2024, Mammut vs Ortovox).

Target	Legal point	Strength	Excerpt
UPC_CFI_41/2025	impugned order under appeal	Background	Local Division Lisbon, 8 May 2025, application for provisional measures, ORD_18599/2025, ACT_3186/2025, UPC_CFI_41/2025

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