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1. Key takeaways
Asserting claims in a form narrower than the granted (independent) claims in proceedings for provisional measures is admissible
Relying on a claim combination narrower than any of the granted claims does not, in principle, preclude the ordering of provisional measures (cf. headnote 1).
Where auxiliary requests are only introduced in the reply and add a feature that, in this form, is not the subject matter of any dependent claim, they are inadmissible. This would leave the defendants only a very short period of time to prepare a defense, particularly on the issue of validity, unacceptably restricting their ability to defend themselves in expedited proceedings (headnote 2).
Necessity of provisional measures confirmed despite the market having already been established for some time
The attacked system (i.e., child seat system) had already been on the market since early 2025. The Court nevertheless affirmed the necessity of the provisional measures: the attacked products are durable goods that cover a family’s needs for the first four years of a child’s life. Waiting would mean that the affected families would become permanently unreachable for the Applicant – including for any subsequent children (mn. 174).
Reference for the question of urgency was grant of the patent on March 18, 2026. The request for provisional measures was filed on April 20, 2026.
2. Division
LD Hamburg
3. UPC number
UPC_CFI_1321/2026
4. Type of proceedings
Proceedings for provisional measures
5. Parties
Applicant: Cybex GmbH
Defendants: NUNA International B.V. and Allison GmbH
6. Patent(s)
EP 4 242 056 B1
7. Body of legislation / Rules
R. 206.1 RoP, R. 211.1 RoP.
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