LD The Hague, October 22, 2025, Provisional Measures, UPC_CFI_587/2025

1 Key takeaways

The need for a certain amount of time to assess infringement does not generally constitute an unreasonable delay in seeking provisional measures (R. 211.4 RoP)

In March 2025, the extent to which the claims would be upheld was decided in the oral hearing of the opposition proceedings before the EPO. The Proprietor then purchased the defendant's products for analysis in April 2025 and filed the application for provisional measures in June 2025. The Court did not consider this to be an unreasonable delay in seeking provisional measures, but rather deemed it reasonable that the Applicant needed time to analyze the products in order to assess infringement.

2 Division