2025-12-09 - LD Hamburg - Brita Se v. Ningbo Blue Pluser Appliance - UPC-CFI-0001881/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Hamburg Local Division granted Brita SE ex parte provisional measures against the Chinese manufacturer of SPECTRUM Serve water-filter cartridges found to infringe EP 2 131 940 B1 (locking-shaft cartridge coupling). The Division held that Art. 32(1)(c)/33(1)(a) UPCA confer jurisdiction wherever a threatened infringement materialises in a Contracting Member State, that the patent's validity is sufficiently secured (granted 2011, no oppositions, and the German distributor had already given a cease-and-desist undertaking on the same patent), and that the infringement is clear-cut (defendant did not contest direct literal infringement). Relying on its Fileder PI (UPC_CFI_1443/2025) which had unmasked Ningbo as the upstream manufacturer, and on CoA Insulet v EOFlow (UPC_CoA_768/2024) and Abbott v Sibio (UPC_CoA_382/2024), the Division granted the full Art. 62/67 UPCA package — injunction in 14 states, seizure, information order, up to EUR 250,000 coercive fine per violation, and EUR 34,700 interim cost advance — and expressly waived the R. 211.5 RoP security because the facts of infringement were unambiguous, validity secure and a related distributor had already conceded.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC-CFI-0001881/2025