France: Court Procedure

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[UPCKat] When Is Imminent Infringement More Likely Than Not? Decision Of The UPC Court Of Appeal In Merz v Viatris
The UPC Court of Appeal recently overturned a first instance decision in the first case of SPC enforcement at the UPC, granting Merz a preliminary injunction against Viatris. The decision clarifies when a patentee must act to avoid undue delay in seeking provisional measures, emphasizing that applicants need sufficient certainty of imminent infringement before filing. The Court conducted a detailed analysis of French regulatory procedures and market practices to determine whether Merz had acted with reasona
France IP
CR
Carpmaels & Ransford LLP
Article
Interim Remedies Before The UPC: Injunctions, Evidence Preservation And The Risk Of Surprise Enforcement
The Unified Patent Court's interim remedies are transforming patent enforcement across Europe, enabling patent holders to obtain injunctions and evidence preservation orders with unprecedented speed—sometimes within hours. How can businesses operating in European markets protect themselves from sudden commercial disruption while leveraging these powerful procedural tools to enforce their own patent rights?
France IP
Purplevine IP
Article
French Court Of Cassation Limits Enforcement Against State-Linked Assets Where EU Stability Objectives Are At Stake
The French Court of Cassation has established a critical limitation on enforcing arbitral awards against State-linked entities when EU financial stability objectives are at stake. In a landmark ruling involving Greece's asset management vehicle HCAP, the Court held that while creditors may generally pursue assets of State emanations, this doctrine must yield when enforcement would undermine EU-mandated restructuring and stabilization programs. This decision fundamentally reshapes enforcement strategy for ar
France Litigation
Aceris Law
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