Since its entry into force on June 1, 2023, the Unified Patent
Court (UPC) has seen a growing number of cases across various
fields, including pharmaceuticals, biotechnology, medical devices,
electronics, and mechanical. Early decisions on preliminary and
permanent injunctions offer valuable insight into how the court
approaches enforcement of patent rights, and how the UPC outcomes
can impact parallel US cases.
Preliminary injunctions, granted under Article 62 of the
Agreement on a UPC (UPCA), constitute a form of interim relief that
enables a patent holder to request that the court prohibit
allegedly infringing activities even before an infringement action
has been started on the merits. These preliminary measures are
highly valuable because they enable patent holders to protect their
market position without waiting for the full litigation process to
be concluded. At the same time, preliminary injunctions can have
significant consequences for the alleged
