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Court must consider the likelihood of EPO opposition/TBA outcome when assessing validity

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Legal principleCourt must consider the likelihood of EPO opposition/TBA outcome when assessing validity Clear all

Date	Case	Division	Action	Motion	Outcome	Summary
2024-06-26	UPC_CFI_124/2024	Hamburg LD	Application for provisional measures	Preliminary injunction	PI denied	The 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.