UPC Analytics
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Decisions

DateCaseDivisionActionMotionOutcomeSummary
2025-09-05UPC_CFI_202/2025Milan LDApplication Rop 365SettledMilan Local Division confirmed the settlement agreement between Edwards Lifesciences and the respondents (Sintec and Value Med) in provisional measures proceedings concerning EP 3 646 825. The Court confirmed the settlement under Art. 79 UPCA and R.365 RoP, making it enforceable as a final decision. The request for reimbursement of 60% of court fees was dismissed.
2024-11-05UPC_CFI_643/2024Milan LDApplication for provisional measuresPreliminary injunctionPI grantedMilan Local Division granted Cardo Systems' application for provisional measures (preliminary injunction and seizure) against Shenzhen Asmax Infinite Technology Co. and Hong Kong Yiheng International Technology Co. without hearing the respondents (ex parte). The court ordered: (1) service by bailiff at EICMA 2024 trade fair in Milan; (2) seizure and description of infringing products; (3) institution of merits proceedings within 31 days on pain of revocation. Costs to be settled in the merits proceedings.
2024-11-05UPC_CFI_650/2024Milan LDApplication for provisional measuresPreliminary injunctionPI grantedThe Milan Local Division granted Pirelli an ex-parte provisional measure ordering seizure of infringing motorcycle tyres (EP 2 519 412 B1) exhibited by Tianjin Kingtyre and Kingtyre Deutschland at the EICMA 2024 international motorcycle fair in Milan, with a review right for the defendants within 30 days.
2024-11-05UPC_CFI_650/2024Milan LDApplication for provisional measuresPreliminary injunctionPI grantedMilan Local Division (5 November 2024) granted an ex parte seizure and protective order against Tianjin Kingtyre Group Co. Ltd and Kingtyre Deutschland GmbH at the EICMA 2024 tyre fair in Milan. Order was served by bailiff at the exhibition and immediately enforceable. Defendants may seek review within 30 days. Main proceedings must commence within 31 calendar days.
2024-10-01UPC_CFI_400/2024Milan LDApplication for provisional measuresProceduralProcedural onlyThe Milan Local Division denied EOFLOW CO LTD's application to intervene as a third party in Insulet's provisional measures proceedings against Menarini under R.313 RoP, holding that efficiency of the proceedings and other balancing considerations weighed against admitting the intervention.
2024-09-06UPC_CFI_165/2024Dusseldorf LDApplication for provisional measuresPI deniedOrder of Düsseldorf Local Division rejecting Novartis/Genentech's application for provisional measures against Celltrion Healthcare entities regarding EP 3 805 248 B1 (biosimilar product Epysqli). The court found the requirements for provisional measures were not met and ordered Novartis/Genentech to pay interim costs of EUR 138,562.80. The court set out important headnotes on: the interpretation of Art. 25 and 62 UPCA as autonomous uniform law; the concept of imminent infringement; group company liability; inapplicability of R. 295 RoP to provisional measures applications; and parties' obligation to present focused technical arguments.
2024-06-26UPC_CFI_123/2024Hamburg LDApplication for provisional measuresPreliminary injunctionPI deniedThe Hamburg Local Division dismissed Alexion Pharmaceuticals' application for a preliminary injunction against Samsung Bioepis based on EP 3 167 888, finding that while direct infringement could be established, the court could not be sufficiently certain of the patent's validity given the EPO Technical Board of Appeal's history of rejecting correction requests for SEQ ID NO:4, and thus denied the measure.
2024-06-26UPC_CFI_124/2024Hamburg LDApplication for provisional measuresPreliminary injunctionPI deniedThe Hamburg Local Division dismissed Alexion Pharmaceuticals' application for a preliminary injunction against multiple Amgen entities based on EP 3 167 888, holding that while infringement could be established the court lacked sufficient certainty of patent validity given the EPO's repeated rejection of sequence correction attempts for SEQ ID NO:4.