UPC Court of Appeal: Procedural Decision: Urgency of a Preliminary Injunction
May 13, 2026
The plaintiff applied for a preliminary injunction approximately 4 months after the patent was granted. The plaintiff had known about the defendant's infringing products for some time, partly due to a parallel US proceeding. The plaintiff argued that it had anticipated a possible short-term technical modification of the products that would have removed the feature in question. Market-side product modifications generally do not justify a delay within the meaning of R 211.4. The application for a preliminary injunction is dismissed for lack of urgency (UPC 28.11.2025,CoA 317/2025,CoA 376/2025).