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UPC preliminary measures—emerging trends

Published on: 17 December 2024

Table of contents

  • Urgency requirement
  • Limitations on examination of validity
  • Imminent infringement will be considered
  • Protective letters and ex parte hearings
  • Key takeaways

Article summary

EU Law analysis: Preliminary measures, including injunctions and seizure of goods, covering all of the Unified Patent Court (UPC) participating Member States are a powerful tool for patentees. As a counterbalance, potential infringers are permitted to file protective letters, which, while not eliminating the risk of a preliminary injunction, have the potential to prevent a preliminary injunction being issued ex parte. Stephanie Wroe, associate and Patent Attorney at D Young & Co, explores some of the trends emerging from the case law.

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