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1 of 36 UPC CFI n. 766/2024 UNIFIED PATENT COURT COURT OF FIRST INSTANCE MILAN LOCAL DIVISION DECISION BY DEFAULT delivered on 10 July 2026 Headnotes The subjective element - i.e. whether or not the defendant was aware of the infringement - is important in determining the extent of damages, as set out in Article 68, para 1 and 4, UPCA. Indeed, in the first case the Court shall order the infringer to pay the injured party damages appropriate to the harm actually suffered by that party as a result of the infringement. In the second case the Court may order the recovery of profits or the payment of compensation. The deliberate copying of the opposing party’s Patent, coupled with continued infringement in defiance of the Court’s order, makes this awareness all the more apparent and enables the ...