Extractor: pypdf | Pages: 25
UPC CFI no. 400/2024 1 of 25 Milan Local Division COURT OF FIRST INSTANCE OF THE UNIFIED PATENT COURT UPC CFI NO. 400/2024 APP. NO. 40442/2024 Order no. 56587/2024 issued on 22 November 2024 Headnotes: 1. In proceedings for provisi onal measures, the Applicant is required to provide cumulatively reasonable evidence to satisfy the Court with a sufficient degree of certainty that : (i) the Applicant is entitled to initiate proceedings under Art. 47 UPCA; (ii) the patent is valid; (iii) its rights are being infringed or that such infringement is imminent (Rule 211.2 RoP). Additionally, the balance of interests must be in favour of the Applicant (Rule 211.3. RoP). Therefore, the absence of any one of these requirements is sufficient to warrant dismissal of the application. 2. Auxiliary request ...