UPC CFI, LD Dusseldorf, 3 September 2025: Preliminary injunction by means of a regular order instead of a decision by default

Preliminary injunction and other provisional measures for direct patent infringement (Article 25 UPCA, R. 209 RoP). If a defendant, upon invitation, fails to lodge an objection to an application for provisional measures the case can be decided by means of a regular order (R. 206 RoP, R. 209.1(a) RoP, R. 355.1(a) RoP). In a situation like this, a decision by default (R. 355.1(a) RoP) is not something to be considered for several reasons. The fact that the Applicant has, in addition to its regular motions, also requested a decision by default does not prevent a regular order from being issued. Pursuant to Art. 76(1) UPCA, the Court shall decide in accordance with the requests submitted by the parties and shall not award more than is requested. The present order falls within this framework.

IPPT20250903, UPC CFI, LD Düsseldorf, HP v Zuhai and Rentmeister