UPC CFI, LD Dusseldorf, 31 October 2025 : Preliminary injunction denied – requirements not met.
29-06-2026 Print this page
Preliminary injunction denied – requirements not met. (Article 62 UPCA, Rule 211(2) RoP).
Cannot be established with sufficient certainty that the embodiments directly and literally make use of the technical teaching of Claim 1.
Applicant‘s arguments not sufficient to establish the presence of multiple wires or threads with the degree of certainty required for the issuance of preliminary measures.
Claim interpretation (Article 69 EPC).
The term “braid” is not further defined in the claim except that it must be a braid of thin wires or threads. However, based on the wording, description and drawings, it is clear to a person skilled in the art that a braid is a structure that can be produced by braiding wires or threads.
The claim leaves it to the discretion of a person skilled in the art to determine how many wires or threads the braid consists of. However, there must be several—that is, more than one wire or thread.
