Another Ex Parte Preliminary Measures Decision By The Milan Local Division

The UPCA provides patentees with a variety of provisional measures that may be quickly implemented to prevent suspected infringement without hearing the affected parties. In two recent decisions handed down by the Milan Local Division of the UPC (UPC_CFI_649/2024, UPC_CFI_650/2024), the presiding judges granted two ex parte applications for provisional measures against multiple defendants in view of suspected infringement at the then-imminent EICMA International Motorcycle and Accessories Exhibition in Milan. The applications, made by Pirelli Tyres, related to the suspicion of imminent infringement of two European patents covering leading products in their range of motorcycle tyres. In the applications, Pirelli alleged that the defendants' advertisement of their attendance at the fair displayed images of tyre models which reproduced all features protected by the patents in suit. Consequently, seizure and delivery up of the contested products and promotional material