| — | UPC_CFI_755/2024 | — | — | — | PI granted | The Munich Local Division granted Avago Technologies an anti-suit/anti-enforcement injunction preventing Realtek Semiconductor from pursuing an anti-enforcement injunction in US proceedings that would block Avago from enforcing EP 1 770 912 before UPC courts, holding the UPC has jurisdiction for such provisional measures under Art. 32(1)(a)(c) UPCA. |
| 2025-03-11 | UPC_CFI_201/2024 | Munich LD | Generic application | — | Procedural only | Order from Munich Local Division dated 11 March 2025 on procedural matters arising from a preliminary injunction dispute between Syngenta and Sumi Agro. The panel upheld the judge-rapporteur's earlier order dismissing Sumi Agro's application to revoke provisional measures (which had been granted on 27 August 2024). The panel held that Syngenta had filed and paid court fees for the main proceedings in time to satisfy R. 213(1) and R. 15(2) RoP, confirming that payment does not require receipt by the court before the deadline, only that the fee was paid. Syngenta's application for re-establishment of rights was also dismissed as unfounded. Leave to appeal was granted given the fundamental interpretive issues involved. |
| 2024-12-09 | UPC_CFI_755/2024 | Munich LD | Application for provisional measures | Procedural | Procedural only | The Munich Local Division issued a rectification order (R. 353 RoP) correcting a factual error in the anti-suit/anti-enforcement injunction order of 9 December 2024 against Realtek Semiconductor, clarifying language about the prior license agreement between Avago's predecessor and Realtek. |
| 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. |
| 2024-06-16 | UPC_CFI_201/2024 | Munich LD | Generic Order | — | Procedural only | The Munich Local Division granted a confidentiality protection order under Rule 262A RoP for documents in provisional measures proceedings, covering information in Confidential Exhibits SA-1 and SA-9 submitted by the defendants (Sumi Agro). The claimant (Syngenta) did not formally object. The order was issued in a new workflow due to a CMS malfunction in the original application. |
| 2024-01-25 | UPC_CFI_452/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division panel issued a procedural order in the Ortovox v. Mammut provisional measures case, setting out the criteria for reviewing a unilateral (ex parte) provisional measures order under Rule 212.3 / 197.3-4 RoP, and noting that the patent's validity must be sufficiently established before granting provisional measures. |
| 2024-01-24 | UPC_CFI_452/2023 | Dusseldorf LD | Application for provisional measures | Procedural | Procedural only | The Düsseldorf Local Division issued a procedural order in the Ortovox v. Mammut provisional measures proceedings, directing the respondents (Mammut) to re-upload their inspection requests in the dedicated CMS workflow for Rule 212.3 RoP applications within a set deadline. |
| 2023-12-11 | UPC_CFI_452/2023 | Dusseldorf LD | Application for provisional measures | Preliminary injunction | PI granted | The Düsseldorf Local Division granted an ex parte order for provisional measures (Rule 212.1 RoP) in favour of Ortovox Sportartikel GmbH against Mammut Sports Group AG and Mammut Sports Group GmbH, in relation to EP 3 466 498 B1 covering an avalanche transceiver (Lawinen-Verschütteten-Suchgerät). |
| 2023-09-13 | UPC_CFI_182/2023 | Vienna LD | Application for provisional measures | Preliminary injunction | PI denied | The Vienna Local Division denied CUP&CINO's application for provisional measures against ALPINA COFFEE SYSTEMS GmbH (EP 3 398 487 B1 — milk foam device), finding no patent infringement because the attacked product did not implement the claimed pipe section feature, and ordering CUP&CINO to pay EUR 25,600 in final costs. |