1. Key takeaways
No uniform urgency period.
The urgency period is to be measured from the date on which the
applicant is or should have been aware of the infringement. Whether
a delay is unreasonable depends on the circumstances of the
individual case. There is no fixed deadline by which the applicant
must submit its application for provisional measures. The question
is always whether the applicant's con-duct as a whole justifies
the conclusion that the enforcement of its rights is not
urgent.
Tailoring of injunction in view of potential
considerable damage for a customer and ultimately the defendants
through recourse claims.
The Court ordered a preliminary injunction but, subject to a
security payment, limited it with regard to supplies within the
framework and the scope of the existing delivery obligations for
the manufacturing of specific product lines of a particular
customer of the defendants.
