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ARTICLE · 03 FEBRUARY 2026

Local Division Paris, January 23, 2026, Final Order, UPC_CFI_808/2025

Bardehle Pagenberg
Bardehle Pagenberg
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Bardehle Pagenberg

Bardehle Pagenberg

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The Court held that "delay" runs from when the applicant has, or should have, enough facts and evidence to file with a reasonable prospect of success (R. 206.2 and 211.4 RoP).

GermanyIntellectual Property

A three-month preparation period for a complex provisional measures application is not an unreasonable delay under R. 211.4 RoP, considering the technical complexity and multiple patents involved

The Court held that "delay" runs from when the applicant has, or should have, enough facts and evidence to file with a reasonable prospect of success (R. 206.2 and 211.4 RoP).

Here, that point was the first detailed infringement letter of 27 May 2025, when Guardant Health had obtained key technical documents on the accused test and started substantive analysis, not earlier public webinars or high-level marketing.

Given four patents and sophisticated liquid biopsy technology, three months to investigate, assemble evidence and draft a front‑loaded application was considered objectively reasonable and not an "unreasonable delay" barring provisional relief.

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