Today, I am going to talk about the practical relevance of
preliminary injunctions (PIs) for patent infringement at the
UPC.
The respective national case law is all but uniform. In Dutch
patent litigation, for example, PIs are very relevant. In contrast,
they hardly ever play a role in the UK. In France, their importance
has been increasing recently but is still far from day-to-day
practice. In Germany, the landscape varies; different instance
courts have different practices: while the courts in
Düsseldorf and Mannheim are quite reluctant to grant PIs for
patent infringement, the courts in Munich and Hamburg generously
grant PIs in many cases, not just in the pharma sector but in many
other sectors as well.