2025-10-17 - LD Düsseldorf - HP v. Andreas Rentmeister e.K. et al. - UPC_CFI_515/2025
- Aktenzeichen:
- UPC_CFI_515/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Düsseldorf (DE) Local Division
- Art:
- Order
- Parteien:
- Hewlett-Packard v. Shenzhen Moan Technology Co., Ltd.
Kernaussage: Düsseldorf LD granted PI against non-objecting defendant (post-settlement) via regular PI order, not default decision.
2025-10-17 - LD Düsseldorf - HP
v.
Andreas Rentmeister e.K. et al. - UPC_CFI_515/2025
notable
The Düsseldorf Local Division granted provisional measures against a cartridge rebuilder that had settled out of court and declared it would not defend. The division held that a defendant who declines the R. 209.1(a) RoP invitation to object gets a regular PI order, not a decision by default: R. 205 et seq. RoP provide no default route in that scenario, and the set-aside right under R. 356 RoP would defeat the applicant's interest in effective enforcement. On summary examination the challenged cartridge chips literally realised claim 13; validity was reasonably certain because the defendant advanced no invalidity argument and the patent had never been attacked. Alongside the injunction the division ordered disclosure of the origin and distribution channels and the identity of everyone involved in production or distribution, holding that an information duty may be imposed as a provisional measure where there is an urgent interest and the measure is proportionate. It declined to require enforcement security under R. 211.5 RoP because the defendant had raised nothing against the application.