2025-11-06 - LD Hamburg - Brita Se v. Fileder Filter Systems Spółka z o.o. - UPC-CFI-0001443/2025

The Hamburg Local Division granted ex parte provisional measures against a Polish supplier of water filter cartridges after the German sister distributor had given a penalty-backed undertaking and named the supplier as its source. Applying R. 211.2 RoP with Art. 62(4) UPCA, the division found entitlement through universal succession, validity sufficiently secured under R. 209.2(a) RoP because the patent had stood unopposed since 2011 with no protective letter, and literal infringement on a summary examination. It held that measures under Art. 67 UPCA may be ordered in proceedings for provisional measures and not only on the merits, and granted a full information order on origin, distribution channels, itemised offers and deliveries with quantities, dates and prices, and the identity of all third parties involved. Applying R. 211.5 sentence 2 RoP the division ordered security of EUR 50,000: where provisional measures issue without hearing the defendant, security is to be ordered unless special circumstances speak against it, and an unanswered warning letter, a clear infringement and a secure validity position were held not to be such circumstances.