UPC CoA, 24 February 2025, Provisional injunction changing the status quo rejected
04-04-2025 Print this page
Unsuccessful appeal of rejection of provisional injunction changing the status quo on the market.
Provisional measures require that proceedings on the merits – which offer more procedural safeguards – cannot be awaited (Article 62 UPCA, R. 206 RoP, R. 211 RoP). The requested measures would change the status quo on the market, established years before the grant of the patent. Appellant has not demonstrated that provisional measures are necessary to protect its current market share or prices or for any other purpose that cannot await a decision on the merits.
Late filed price erosion argument and auxiliary request covering alleged infringed acts at 2025 trade fair (R. 222.2 RoP). Biolitec has not justified why the argument on price erosion could not reasonably have been raised during the proceedings before the Court of First Instance.
