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1 Hamburg - Local Division UPC_CFI_281/2025 Final Order of the Court of First Instance of the Unified Patent Court delivered on 16/06/2025 HEADNOTES: 1. The validity of a patent-in-suit in an application for provisional measures is secured if the court considers it on the balance of probabilities to be more likely than not that the patent is valid. The burden of presentation and proof for facts concerning the lack of validity of the patent in suit lies with the defendant . Public prior use must prove that all features of the claim have been used previously. 2. The necessary weighing of interests can be in favour of the applicant if the contested embodiment, in combination with the sale of a new machine, opens up a new market. The patent infringement can le ad then to subsequent business tr ...