UPC Local Division: Procedural Decision: Anti-Interim-License Injunction

The Mannheim Local Division confirmed its previously issued ex parte preliminary injunction, which prohibits the respondent from obtaining measures such as an "Interim License" or "Anti-Suit Injunction" (ASI) in the United Kingdom or other third countries, insofar as these measures de facto prevent the applicant from enforcing its European patents before the UPC. The Court classified the judicial determination of an "Interim License" sought in the British proceedings as a de facto anti-suit injunction, which violates the ordre public of the EU and the UPC member states, as it curtails access to the UPC and the exercise of property rights protected by fundamental rights through the threat of economic disadvantages, without this being absolutely necessary for the protection of the British proceedings. Despite a modification of the British order, the Court did not consider the risk of a legal impairment to have been eliminated, in particular because it remained unclear whether the final British decision ("Final Relief") could entail sanctions for the enforcement of rights before the UPC. In view of the enormous amounts in dispute and the imminent risk of infringement – indicated, among other things, by parallel ASI applications by the respondent in Brazil – the Court not only confirmed the prohibition but also imposed penalty payments of up to 50 million euros and 500,000 euros per day of infringement. In addition, the Mannheim Local Division decided to inform the EU Commission ex officio of the decision, as the case raises essential questions of EU competition law (Art 101, 102 TFEU) (LD Mannheim 22.12.2025,CFI 936/2025).