Decisions
| Date | Case | Division | Action | Motion | Outcome | Summary |
|---|---|---|---|---|---|---|
| 2025-08-29 | ACT_19943/2025 | The Hague LD | Application for provisional measures | Preliminary injunction | PI denied | The Hague Local Division dismissed Cilag GmbH International's and Ethicon LLC's application for provisional measures (preliminary injunction) against RiVOLUTiON GmbH for alleged infringement of EP 3 689 262 (a staple cartridge patent for surgical staplers). The court found that the urgency requirement for provisional measures was not satisfied: Cilag had known or should have known by November 2024 (following a Bariatric Study result) of the potential infringement and related market risks, and had not filed the application promptly. The fact that a Sana group tender outcome became clearer later did not revive urgency as it was foreseeable. Cilag was ordered to pay EUR 80,000 as an interim costs award to RiVOLUTiON. Ancillary applications were also dismissed. |
| 2025-08-14 | UPC_CFI_387/2025 | Hamburg LD | Application for provisional measures | Preliminary injunction | PI granted | The Hamburg Local Division granted Dyson Technology Limited a preliminary injunction against Dreame International (HK) and related defendants for infringement of EP 3 119 235 (vacuum cleaner technology), including against an Authorised Representative as intermediary under Art. 63(1) UPCA. |
| 2025-08-14 | UPC_CFI_387/2025 | Hamburg LD | Application for provisional measures | Preliminary injunction | PI granted | Final order from the Hamburg Local Division dated 14 August 2025 granting a preliminary injunction in favour of Dyson Technology Limited against Dreame entities regarding EP 3 119 235 (vacuum cleaner hair attachment). The injunction was granted against defendants 1 (Dreame International Hong Kong), 2 (Teqphone GmbH) and 4 (Dreame Technology AB) for direct infringement of claims 1 and 11 within the UPCA territory, and against defendants 1 and 3 (Eurep GmbH) also with respect to Spain. The application was partially dismissed for remaining embodiments. Key rulings: (1) UPC has jurisdiction regardless of defendant's domicile for infringements in UPC member states; (2) an Authorized Representative in the EU under product safety regulations can serve as an anchor defendant under Art. 8(1) Brussels I; (3) such Authorized Representatives can be subject to injunctions as intermediaries under Art. 63(1) UPCA. A penalty of EUR 250,000 per case of non-compliance was imposed. Each party bears its own costs; court fees shared 50/50. |
| 2025-02-21 | ACT_61342/2024 | Hamburg LD | Application for provisional measures | Preliminary injunction | PI denied | The Hamburg Local Division dismissed Teleflex Life Sciences II LLC's application for provisional measures against Speed Care Mineral GmbH regarding hemostatic wound-care products, because Teleflex failed to demonstrate with sufficient certainty that the attacked embodiment contained a 'binder' as required by the patent claims, and the burden of proof was not reversed. |