AIM Sport Development v TGI Sport Suomi (CFI, ACT_551054/2023, 29 April 2026)
| Date | 29 April 2026 |
|---|---|
| Court | CFI |
| Division | Helsinki (FI) Local Division |
| Type of action | Application for provisional measures |
| Registry reference | ACT_551054/2023 |
| Parties | AIM Sport Development AG v. TGI Sport Suomi Oy a.o. |
Official decision (PDF) · UPC registry entry
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
By order of 29 April 2026 (ACT_551054/2023, action UPC_CFI_214/2023), the Helsinki Local Division disposed of the application for provisional measures brought in July 2023 by AIM Sport Development against five TGI Sport companies on the basis of EP 3 295 663 as devoid of purpose, set the value of those proceedings at EUR 9.9 million and ordered AIM Sport to bear TGI’s first-instance costs up to EUR 800,000. As the infringement action was dismissed on the same day, the order shows that an application for provisional measures that has become devoid of purpose does not escape a costs decision, which follows the outcome on the merits.
Question
Where an application for provisional measures becomes devoid of purpose, how should it be disposed of and who bears its costs?
Decision
Rule 360 RoP applies by analogy to provisional measures, and the application, whose rationale had gone, was disposed of as devoid of purpose. Keeping it alive merely to preserve a costs claim would waste the court’s resources (paragraphs 23 and 24). The sequence of events does not decide costs: the division followed the outcome on the merits and, as the patent was not infringed, ordered AIM Sport to bear the costs under Art. 69(1) UPCA (paragraphs 25 to 27). Costs of provisional measures are dealt with separately from those of the merits, subject to a ceiling of EUR 800,000 (paragraphs 29 and 30). AIM Sport does not bear the costs of the appeal it won (paragraphs 31 and 32). The time limit for appeal is two months (paragraphs 36 to 38).
Key points for practice
- An application for provisional measures that has become devoid of purpose leads to a costs decision aligned on the outcome of the main action (paragraphs 25 to 27).
- Costs of provisional measures proceedings are subject to a ceiling separate from that of the merits (paragraphs 29 and 30).
Provisions applied
- Agreement on a Unified Patent Court
- Arts 69(1) and (2) and 73(1)
- Rules of Procedure
- Rules 118.5, 220.1, 220.2, 224.1(a), 242.1, 360 and 363.2
- Other provisions
- Scale of Ceilings for Recoverable Costs of 24 April 2023
- Case law cited
- Meril v Edwards Lifesciences, Munich Local Division, 19 December 2023, Meril v Edwards Lifesciences, Court of Appeal, 4 October 2024, Barco v Yealink, Court of Appeal, 28 November 2025, Sumi Agro v Syngenta, Court of Appeal, 3 March 2025, Juul v NJOY, Court of Appeal, 3 April 2024, Fives v REEL, Hamburg Local Division, 11 February 2026
Related decisions
Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.
Decisions in the same proceedings
Going further
Lexicon: Application for a preliminary injunction, Order to preserve evidence (UPC).
Publications by Matthieu Dhenne: The Launch Letter: How Generics and Biosimilars Should Write to Avoid UPC Urgency (Kluwer Patent Blog).
Source and translations
- Official source
- Unified Patent Court registry link recorded in the record
- Original language
- not recorded
- Translation available
- no translation recorded the firm’s French record is a summary, not a translation
- Date checked
- not recorded
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Proceedings
Parties
- claimantAIM Sport Development AG9 decisions in the corpusFollow this party
- defendantTGI Sport Suomi Oy a.o3 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Application for provisional measures
- Outcome (Dhenne Avocats summary)
- La division locale d'Helsinki déclare sans objet la demande de mesures provisoires d'AIM Sport, fixe sa valeur à 9,9 millions d'euros et met à sa charge les frais de TGI dans la limite de 800 000 euros.
- Appeal
- No appeal documented in the corpus, this does not mean that no appeal was lodged.
- Instance
- First-instance decision, whether it has become final is not recorded.
Patents mentioned
EP 3 295 663mentioned in: Dhenne Avocats analysis Follow this patent
Related decisions cited in the analyses
- AIM Sport Development v TGI Sport Suomi (CFI, UPC_CFI_214/2023, 29 April 2026) cited in this record
- Fives ECL v REEL (CFI, 11 February 2026) cited in this record
- Barco v Yealink (Xiamen) Network (CoA, 28 November 2025) cited in this record
- AIM Sport Development v Supponor (CoA, ORD_598488/2023, 12 November 2024) cited in this record
- Meril Life Sciences v Edwards Lifesciences (CoA, 4 October 2024) cited in this record
- Meril v Edwards Lifesciences (CFI, 19 December 2023) cited in this record
- AIM Sport Vision v Supponor (CFI, 20 October 2023) cited in this record
Patents and standards
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