2025-06-16 - LD Hamburg - Steros Gpa Innovative v. Otec Pr Zisionsfinish - UPC_CFI_281/2025

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 lead then to subsequent business transactions for the Defendant, which are at the same time missed opportunities for the Applicant. 3. The provision of security for enforcement requires a reasoned application. Facts must be presented by the defendant, such as the financial situation of the applicant or difficulties in enforcement.

The Hamburg Local Division issued a preliminary injunction without the requirement of a security for its enforcement. The Court went into detail regarding the preliminary assessment of the patent's validity and the burden of proof lying with the Defendant. The Court further clarified its reasoning regarding the weighing of interests and the requirement to provide facts for a reasoned application for the provision of a security for enforcement which were not provided in the case at hand.