{"id":347730,"date":"2026-01-02T07:50:31","date_gmt":"2026-01-02T07:50:31","guid":{"rendered":"https:\/\/www.newsbeep.com\/uk\/347730\/"},"modified":"2026-01-02T07:50:31","modified_gmt":"2026-01-02T07:50:31","slug":"upc-reaffirms-principles-for-urgency-in-actions-for-interim-measures-patent","status":"publish","type":"post","link":"https:\/\/www.newsbeep.com\/uk\/347730\/","title":{"rendered":"UPC Reaffirms Principles For Urgency In Actions For Interim Measures – Patent"},"content":{"rendered":"

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\n In two recent decisions on interim measures, in disputes between Occlutech and Lepu before the Dusseldorf and Hamburg local divisions, defendants Lepu challenged the urgency with which Occlutech had brought their actions… \n <\/p>\n


\n United Kingdom
\n Intellectual Property \n <\/p>\n


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In two recent decisions on interim measures, in disputes between
\nOcclutech and Lepu before the Dusseldorf and Hamburg local
\ndivisions, defendants Lepu challenged the urgency with which
\nOcclutech had brought their actions for interim measures,
\nsuggesting that Occlutech’s possession since 2023 of a product
\ncatalogue containing the contested embodiments rendered actions
\nfiled in 2025 too late to meet the urgency standards required.<\/p>\n

Neither the Dusseldorf nor the Hamburg Local Divisions concurred
\nwith the defendant’s line of argument. It was noted that, since
\na CE marking is required for placing a medical device on the market
\nin any EU member state, the timer for urgency could not be
\nconsidered to have begun until the defendant’s obtained the CE
\nmark for the contested products, with any knowledge of the products
\nbefore this date considered irrelevant.<\/p>\n

Notably, however, Occlutech had brought their action against
\nLepu before the Hamburg division several months after Lepu first
\npublicised their acquisition of the required CE markings, with the
\naction before the Dusseldorf division following two weeks later.
\nHowever, the Court noted that there was no specific requirement for
\nOcclutech to request interim measurements immediately upon learning
\nof the alleged infringements, with it being well within the
\napplicant’s rights to conduct an infringement analysis and
\nconsider the results thereof. Further, a two-week delay between
\nactions was considered a reasonable amount of time for the
\napplicant to take to prepare the submissions for the second
\nproceedings.<\/p>\n

In their assessment, both divisions cited previous decisions in
\ndisputes between Ballinno and UEFA, 10x Genomics and Nanostring,
\nand Ortovox and Mammut, reaffirming that the urgency required for
\nthe order of provisional measures is only lacking “if the
\ninjured party has pursued their claims so negligently and
\nhesitantly that it can be objectively assumed that they have no
\ninterest in the rapid enforcement of their rights and it therefore
\ndoes not appear appropriate to order provisional measures”.
\nApplicants will be no doubt relieved to see the UPC confirm that
\ntheir access to justice will not be unduly limited as a result of
\nthe pre-filing actions required for the Applicant to ensure
\ndiligence.<\/p>\n

The content of this article is intended to provide a general
\nguide to the subject matter. Specialist advice should be sought
\nabout your specific circumstances.<\/p>\n

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