UPC Reaffirms Principles For Urgency In Actions For Interim Measures

In two recent decisions on interim measures, in disputes between Occlutech and Lepu before the Dusseldorf and Hamburg local divisions, defendants Lepu challenged the urgency with which Occlutech had brought their actions for interim measures, suggesting that Occlutech's possession since 2023 of a product catalogue containing the contested embodiments rendered actions filed in 2025 too late to meet the urgency standards required.

Neither the Dusseldorf nor the Hamburg Local Divisions concurred with the defendant's line of argument. It was noted that, since a CE marking is required for placing a medical device on the market in any EU member state, the timer for urgency could not be considered to have begun until the defendant's obtained the CE mark for the contested products, with any knowledge of the products before this date considered irrelevant.