Article
LD Düsseldorf, May 7, 2026, Refusal Of Provisional Measures, UPC_CFI_1927/2025, 1928/2025
Re urgency requirement in case of provisional measures:– Applicant’s burden to present/prove: the gaining of knowledge of the infringing embodiment, the potential infringement, and its prompt verification. – Defendant’s burden to present/prove: the evidence from which it can be inferred that the applicant must have had prior knowledge and from which hesitant conduct can be inferred.
Bardehle Pagenberg