UPC Local Division Munich, 20 December 2023: provisional measures rejected - infringment not sufficiently clear ("ausreichender Sicherheit")
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Provisional measure rejected: no sufficient certainty (“ausreichender Sicherheit”) that the products infringe the patent (article 62 UPCA). If the antenna can be assigned to at least a significant part of the rear housing surface, a violation cannot be established.
The Munich Local Division has competence in respect of a request for provisional measures based on alleged infringement of the patent, inter alia, in Germany (article 33(1)(a) UPCA).
Claim interpretation (article 69 EPC).The original version of the claims and amendments thereof during the application procedure can be used for claim interpretation. It follows from the spatial delimitation [...] that a component to be assigned to the side of the front surface of the electronic label cannot at the same time be assigned to the side of the rear surface of the housing - and vice versa.
Costs caused by a protective letter as costs of the proceedings (article 69 UPCA). The applicant of an unsuccessful application for interim measures must generally also bear the costs incurred by the defendant as a result of a protective letter. This results from the fact that the filed protective brief has become part of the proceedings for the adoption of interim measures through its transmission in accordance with Rule 207.8 RoP.
