Provisional measures

Decisions of the Unified Patent Court recorded under "Provisional measures" in UPC Litigation Watch, the case law database maintained by Dhenne Avocats.

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UPC decisions and orders since 1 June 2023. “Decision with commentary” means the entry contains an analysis by Dhenne Avocats. “Summary available” identifies a summary; “Reference” identifies a record without a detailed case note. Open the entry for the source and, where available, the facts, reasoning and practical implications. The official decision is authoritative.

142 decisions recorded

Ballinno v UEFA (CFI, 3 June 2024)

3 June 2024 CFI / Hamburg (DE) Local Division / Application for provisional measures Decision with commentary

By an order of 3 June 2024 (UPC_CFI_151/2024, ORD_33145/2024), the Hamburg Local Division dismissed Ballinno B.V.'s application for provisional measures based on EP 1 944 067 B1, which concerns offside detection, against the Union des Associations Européennes de Football (UEFA), Kinexon GmbH…

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Dyson Technology v SharkNinja Europe (CFI, 21 May 2024)

21 May 2024 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

By order of 21 May 2024 (UPC_CFI_443/2023), the Munich Local Division granted Dyson Technology Ltd's application for provisional measures against SharkNinja Europe Limited and SharkNinja Germany GmbH based on EP 2 043 492, which concerns a hand-held vacuum cleaner with a cyclonic…

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10x Genomics v Curio Bioscience (CFI, ORD_598272/2023, 30 April 2024)

30 April 2024 CFI / Düsseldorf (DE) Local Division / Application for provisional measures Decision with commentary

By order of 30 April 2024 (UPC_CFI_463/2023), the Düsseldorf Local Division prohibited Curio Bioscience from offering, placing on the market, using, importing or stocking the "Curio Seeker" kit in Germany, France and Sweden, finding infringement of claim 14 (an array) of 10x…

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10x Genomics v Curio Bioscience (CFI, 11 March 2024)

11 March 2024 CFI / Düsseldorf (DE) Local Division / Application for provisional measures Decision with commentary

By order of 11 March 2024 (UPC_CFI_463/2023), the judge-rapporteur of the Düsseldorf Local Division, in 10x Genomics' provisional measures proceedings against Curio Bioscience based on EP 2 697 391, ruled on Curio's confidentiality application concerning commercial information in its objection.

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10x Genomics v Curio Bioscience (CFI, 1 March 2024)

1 March 2024 CFI / Düsseldorf (DE) Local Division / Application for provisional measures Decision with commentary

By order of 1 March 2024 (UPC_CFI_463/2023), the judge-rapporteur of the Düsseldorf Local Division refused to order simultaneous interpretation from German into English of the hearing in the provisional measures proceedings brought by 10x Genomics against Curio Bioscience.

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Curio Bioscience v 10x Genomics (CFI, UPC_CFI_463/2023, ORD_5853/2024, 26 February 2024)

26 February 2024 CFI / Düsseldorf (DE) Local Division / Application for provisional measures Decision with commentary

By an order of 26 February 2024 (UPC_CFI_463/2023, ACT_5164/2024), the President of the Court of First Instance (F. Butin), after consulting the panel of the Düsseldorf Local Division, rejected Curio Bioscience Inc.'s application to make English, the language in which EP 2…

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10x Genomics v Curio Bioscience (CFI, UPC_CFI_463/2023, ACT_590953/2023, 23 February 2024)

23 February 2024 CFI / Düsseldorf (DE) Local Division / Application for provisional measures Decision with commentary

By a procedural order of 23 February 2024 (UPC_CFI_463/2023, ACT_590953/2023, App_8500/2024), the presiding judge of the Düsseldorf Local Division, acting as judge-rapporteur, ruled provisionally on Curio Bioscience Inc.'s request for protection of confidential information in the provisional measures proceedings brought by 10x…

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10x Genomics v Curio Bioscience (CFI, UPC_CFI_463/2023, ORD_9718/2024, 23 February 2024, doc. 2)

23 February 2024 CFI / Düsseldorf (DE) Local Division / Application for provisional measures Decision with commentary

By procedural order of 23 February 2024 (UPC_CFI_463/2023, App_9671/2024), issued in German by the presiding judge and judge-rapporteur of the Düsseldorf Local Division in 10x Genomics' provisional measures proceedings against Curio Bioscience (EP 2 697 391 B1), the Division refused to defer…

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10x Genomics v Curio Bioscience (CFI, 14 February 2024)

14 February 2024 CFI / Düsseldorf (DE) Local Division / Application for provisional measures Decision with commentary

By order of 14 February 2024 (UPC_CFI_463/2023), the judge-rapporteur of the Düsseldorf Local Division, in 10x Genomics' provisional measures proceedings against Curio Bioscience based on EP 2 697 391, deferred ruling on Curio's request to protect confidential commercial information before it had…

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Ortovox Sportartikel v Mammut Sports Group (CFI, 25 January 2024)

25 January 2024 CFI / Düsseldorf (DE) Local Division / Application for provisional measures Decision with commentary

By order of 25 January 2024 (UPC_CFI_452/2023), the Düsseldorf Local Division, seized by Mammut Sports Group AG and Mammut Sports Group GmbH with a request for review of provisional measures ordered ex parte in favour of Ortovox on EP 3 466 498,…

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Ortovox Sportartikel v Mammut Sports Group (CFI, 11 December 2023)

11 December 2023 CFI / Düsseldorf (DE) Local Division / Application for provisional measures Decision with commentary

By an order of 11 December 2023 (UPC_CFI_452/2023, ACT_589655/2023), the Düsseldorf Local Division (judges Thomas, Thom and Schober), without hearing the respondents, granted Ortovox Sportartikel GmbH's application for provisional measures against Mammut Sports Group AG and Mammut Sports Group GmbH based on…

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10xGenomics v NanoString (CFI, 5 December 2023)

5 December 2023 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

By an order of 5 December 2023 (UPC_CFI_2/2023, ACT_459746/2023, App_577241/2023), the Munich Local Division (judges Zigann, presiding, Pichlmaier, rapporteur, Kupecz and Enderlin, technically qualified) imposed on NanoString Technologies Inc., NanoString Technologies Germany GmbH and NanoString Technologies Netherlands B.V.

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10x Genomics v NanoString (CFI, 19 September 2023)

19 September 2023 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

By decision of 19 September 2023 (UPC_CFI_2/2023, App_528389/2023), the Munich Local Division, sitting as a panel of four including a technically qualified judge, ruled on the application for provisional measures brought by 10x Genomics and President and Fellows of Harvard College against…

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CUP&CINO Kaffeesystem-Vertrieb v ALPINA COFFEE SYSTEMS (CFI, 13 September 2023)

13 September 2023 CFI / Vienna (AT) Local Division / Application for provisional measures Decision with commentary

By order of 13 September 2023, pronounced orally at the hearing (UPC_CFI_182/2023, ACT_528738/2023), the Vienna Local Division dismissed CUP&CINO Kaffeesystem-Vertrieb's application for provisional measures against ALPINA Coffee Systems based on EP 3 398 487, relating to the production of milk foam.

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Edwards Lifesciences v Meril (CFI, 28 August 2023)

28 August 2023 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

By order of 28 August 2023 (UPC_CFI_249/2023), the presiding judge and judge-rapporteur of the Munich Local Division, seized by Edwards Lifesciences with an application for provisional measures against Meril GmbH and Meril Life Sciences based on EP 3 763 331, set an…

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Edwards Lifesciences v Meril (CFI, 14 August 2023)

14 August 2023 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

By order of 14 August 2023 (UPC_CFI_249/2023, App_560315/2023), the judge-rapporteur of the Munich Local Division, in Edwards Lifesciences' provisional measures proceedings against Meril GmbH and Meril Life Sciences based on EP 3 763 331, ruled that the application was deemed served on…

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AIM Sport Vision v Supponor (CFI, 17 July 2023)

17 July 2023 CFI / Helsinki (FI) Local Division / Application for provisional measures Decision with commentary

By order of 17 July 2023 (case 214/2023), the single judge of the Helsinki Local Division, seized by AIM Sport Vision with an application for provisional measures based on EP 3 295 663 and included in the main action, invited Supponor Oy…

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10x Genomics v NanoString (CFI, 10 July 2023)

10 July 2023 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

By procedural order of 10 July 2023 (UPC_CFI_2/2023, application 459746/2023), the judge-rapporteur of the Munich Local Division, in the provisional measures proceedings between 10x Genomics and NanoString, extended at the respondents' request of 7 July 2023 the time limits for written submissions…

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10x Genomics v NanoString (CFI, UPC_CFI_2/2023, 6 July 2023)

6 July 2023 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

By procedural order of 6 July 2023 (UPC_CFI_2/2023, application 459746/2023), the judge-rapporteur of the Munich Local Division, in 10x Genomics' provisional measures proceedings against NanoString conducted in German, ruled under Rule 7.1 RoP that translations of exhibits in English need not be…

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myStromer v Revolt Zycling (CFI, 3 July 2023)

3 July 2023 CFI / Düsseldorf (DE) Local Division / Application for provisional measures Decision with commentary

By order of 3 July 2023 (UPC_CFI_177/2023, APP_543068/2023), the presiding judge of the Düsseldorf Local Division admitted to the file exhibits ASt 12 and ASt 13 filed by myStromer with its submission of 1 July 2023, in the provisional measures proceedings based…

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myStromer v Revolt Zycling (CFI, 30 June 2023)

30 June 2023 CFI / Düsseldorf (DE) Local Division / Application for provisional measures Decision with commentary

By order of 30 June 2023 (UPC_CFI_177/2023, APP_541204/2023), the Düsseldorf Local Division rejected myStromer's application under Rule 353 RoP to rectify the provisional measures order of 22 June 2023 against Revolt Zycling, based on EP 2 546 134, so as to extend…

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10x Genomics v NanoString (CFI, UPC_CFI_2/2023, 30 June 2023)

30 June 2023 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

By supplementary order of 30 June 2023 (UPC_CFI_2/2023, application 459746/2023), the Munich Local Division, in 10x Genomics' provisional measures proceedings against three NanoString companies, corrected point 1 of its order of 23 June 2023: the arguments in the protective letter, written in…

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10x Genomics v NanoString (CFI, UPC_CFI_17/2023, 27 June 2023)

27 June 2023 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

In a procedural order of 27 June 2023, issued in German, the Munich Local Division asked the applicant, 10x Genomics, to upload to the CMS the exhibits to its application for provisional measures against NanoString (case 17/2023, application no.

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10x Genomics v NanoString (CFI, UPC_CFI_2/2023, 27 June 2023)

27 June 2023 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

By procedural order of 27 June 2023 (UPC_CFI_2/2023, application 459746/2023), the Munich Local Division asked the applicants in the provisional measures proceedings between 10x Genomics and NanoString to upload to the CMS the exhibits to their application.

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10x Genomics v NanoString (CFI, UPC_CFI_2/2023, 23 June 2023)

23 June 2023 CFI / Munich (DE) Local Division / Application for provisional measures Decision with commentary

By procedural order of 23 June 2023 (UPC_CFI_2/2023, application 459746/2023), the Munich Local Division set the course of the provisional measures proceedings brought on 1 June 2023 by 10x Genomics and President and Fellows of Harvard College against three NanoString companies on…

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myStromer v Revolt Zycling (CFI, ORD_526778/2023, 22 June 2023)

22 June 2023 CFI / Düsseldorf (DE) Local Division / Application for provisional measures Decision with commentary

By order of 22 June 2023 (UPC_CFI_177/2023, application 525740/2023), made on the day the application was filed and without hearing the respondent first, the Düsseldorf Local Division prohibited Revolt Zycling from offering, placing on the market, using, importing or possessing in Germany,…

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OERLIKON TEXTILE v Himson Engineering (CFI, 13 June 2023)

13 June 2023 CFI / Milan (IT) Local Division / Application for provisional measures Decision with commentary

By procedural order of 13 June 2023 (proceedings no. 498862/2023), the standing judge of the Milan Local Division declined to decide herself the application to preserve evidence, presented as extremely urgent, filed by Oerlikon Textile GmbH & Co KG against Himson Engineering…

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