LD Munich, July 17, 2026, Order, UPC_CFI_2307/2026

1. Key takeaways

UPC proceedings (here provisional measures proceedings under R. 206 RoP) require a flexible and balanced case management approach, ensuring swift relief while respecting the rights of all parties.

The Court must balance the applicant’s right to a fast remedy against the respondent’s right to be heard and the panel’s need for adequate preparation time.

A respondent’s prior awareness of the allegation of infringement due to ongoing proceedings based on equivalent patent in other jurisdiction may be considered when assessing the time needed to prepare an objection.

The Court found that the respondent group was already aware of the four patents and the allegation of infringement due to ongoing parallel Australian proceedings based on four Autralian patents, which are the Atralian equivalents of the patents asserted in the present proceedings. This reduced the need for extensive preparation time for the UPC proceedings.