UPC CFI, LD Mannheim, 22 December 2025: Ex parte anti-suit injunction confirmed
30-01-2026 Print this page
Confirmed ex-parte interim measure (R. 209.4 RoP, R. 212.3 RoP) prohibiting anti-suit injunctions or equivalent measures preventing pursuing patent infringement proceedings before UPC based on their European patents subject to the jurisdiction of the UPC (Article 56 UPCA).
UK interim-licences equate to an anti-suit injunction (“ASI”). The UK measures referred to as “interim licence” or “adjustable licence“ are an anti-anti suit injunction, exclusively directed against the Applicants enforcing their IP rights in foreign jurisdictions and therefore also before the UPC.
No justifiable ground for such an order, which is directed against a party turning to a foreign court to have it assess that party‘s patent rights. Such order is especially not needed to safeguard the UK proceedings.
Applicants have a legal interest in defending against such an order even though it violates the ordre public of the European Union and therefore also the ordre public of the UPC contracting member states, which renders it null and void and thus unenforceable in UPC contracting member states.
UK Final FRAND-rate setting is a measure equivalent to an ASI in the sense of the Impugned Order, should it encroach upon a party’s fundamental right to enforce its patent rights before the UPC.
It is an excessive procedural tactic against comity and the acquis communtaire of the EU and the UPC contracting member states to impose such a concept upon foreign territories by way of a relief, which solely aims at depriving Applicants of pursuing their fundamental (intellectual) property rights and seeking access to justice before a EU court.
This Order does not limit UK courts to attach whatever legal consequences to orders, judgment or other decision as long as such effects are strictly limited to the UK territory and do not attach any negative consequences to the Applicants for enforcing their patent rights in relation to the UPCA contracting member states.
