Decisions
Legal principlecosts gap in absence of main proceedings addressed by analogy to R. 118.5 RoP or R. 213.2 RoPClear all
| Date | Case | Division | Action | Motion | Outcome | Summary |
|---|---|---|---|---|---|---|
| 2024-09-06 | ACT_18551/2024 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI denied | Order by Düsseldorf Local Division (UPC_CFI_166/2024, 6 September 2024) rejecting Novartis AG and Genentech Inc.'s application for provisional measures against Celltrion Inc. for alleged infringement of EP 3 805 248 B1 (biologic/antibody). The application was dismissed on the merits (infringement insufficiently established). Applicants were ordered to pay interim costs of EUR 138,562.80. The court addressed claim interpretation, imminent infringement, non-applicability of stay of proceedings (R. 295 RoP) to PI proceedings, and the costs gap in the absence of main proceedings. |