ARTICLE
10 January 2025

UPC Preliminary Injunctions: Sales Support Can Constitute Infringement

MC
Marks & Clerk

Contributor

Marks & Clerk is one of the UK’s foremost firms of Patent and Trade Mark Attorneys. Our attorneys and solicitors are wired directly into the UK’s leading business and innovation economies. Alongside this we have offices in 9 international locations covering the EU, Canada and Asia, meaning we offer clients the best possible service locally, nationally and internationally.
On 31 October, the Düsseldorf Local Division issued its decisions on the matter of preliminary injunctions requested by Valeo Electrification against three companies in the Magna group, citing infringement of two...
France Intellectual Property

On 31 October, the Düsseldorf Local Division issued its decisions on the matter of preliminary injunctions requested by Valeo Electrification against three companies in the Magna group, citing infringement of two of their European patents.

In their defence, Magna claimed that the third defendant, Magna International France, SARL, was not an infringer of the patents in question, as they did not offer or sell Magna products. Instead, Magna International France offered consulting and services for other companies in the Magna group.

The Panel held that, even if Magna International France was not directly selling or marketing the challenged embodiments, its provision of sales support actively supported the offer and distribution of the challenged embodiments in the territories covered by the patent. Consequently, the third defendant was held liable for infringement along with the others.

The UPC is thus given broad consideration to issues of contributory infringement, a step that will be welcomed by patentees.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More