Decisions
Legal principlenumber of validity arguments in PI proceedings limited to best three from respondent's perspectiveClear all
| Date | Case | Division | Action | Motion | Outcome | Summary |
|---|---|---|---|---|---|---|
| 2024-08-27 | ACT_23636/2024 | Munich LD | Application for provisional measures | Preliminary injunction | PI granted | Munich Local Division granted a preliminary injunction (inter partes) against respondents ordering them to cease and desist from manufacturing, offering, placing on the market, using, exporting or possessing a herbicide composition (Kagura) infringing a patent with claims directed to a composition, across multiple UPC contracting states. The court held that for a product composition claim the applicant need only allege and prove the composition had all features of the claim; it is not required to explain why the composition had those features. Distributing infringing products outside contracting states while advertising under the same name inside creates a risk of first infringement. An actus contrarius is insufficient to eliminate such risk; a cease-and-desist declaration with penalty clause is required. Respondents may revoke the injunction if applicant does not commence main proceedings within 31 calendar days. |