LD Düsseldorf, May 12, 2026, Order, UPC_CFI_1747/2025

The applicant bears the burden of proof for infringement in provisional measures and must demonstrate with sufficient certainty that infringement is more likely than not (Art. 62 UPCA, R. 211 RoP)

The Court confirmed that the burden of presentation and proof for facts establishing infringement lies with the applicant. It is not the defendant’s primary task to prove non-infringement. The defendant bears the burden only with regard to facts concerning lack of validity.

All claim features must be realized in one single appliance where the patent claim, read in light of the description, relates to a single product (Art. 69 EPC)