UPC CFI, LD, The Hague, 6 February 2026 : Preliminary Injunction, jurisdiction and more.

02-07-2026 Print this page
Editor:
Navya Vade
IPPT20260206, UPC CFI, LD The Hague, Abbott v MicroTech

Preliminary injunction granted - likelihood of infringement (Article 25 UPCA , Article 62 UPCA, Rule 211 (1) RoP

 

UPC has competence and internation jurisdiction over the Spanish part of the EP in Spain. (Article 4, Article 8 (1), Article 71 Brussels Regulation). 

All divisions of the UPC are courts of domicile according to art. 4 BR when the defendant is domiciled anywhere within the UPCA territory. 

The Court is equally competent and has international jurisdiction regarding the non-UCPA domiciled Defendants 1 and 2. (Article 71 b (2) , Article 8 (1) Brussels regulation) . 

 

Validity (Article 65 UPCA). 

It not more likely than not, that claim 1 adds matter, is insufficiently disclosed and/or is obvious over prior art

 

Request for declaration of “goods suspected of infringing an intellectual property right” dismissed (Article 2(7)(a) Customs enforcement regulation). 

Whatever the merits, such declaration is not possible as provisional measure.

 

IPPT20260206, UPC CFI, LD The Hague, Abbott v MicroTech