2026-10-28 - LD The Hague - CAELUS LIFESCIENCES IP v. PENDULUM THERAPEUTICS et al. - UPC-CFI-0001615/2026
- Aktenzeichen:
- UPC-CFI-0001615/2026
- Datum:
- Spruchkörper:
- Court of First Instance - The Hague (NL) Local Division
- Art:
- Order
- Parteien:
- CAELUS LIFESCIENCES IP B.V. v. PENDULUM THERAPEUTICS INC., HEBRON NUTRITION, INC., IHERB NETHERLANDS B.V., SPECTRUM SUPPLEMENTS, INC., DETOXPEOPLE LTD.
Kernaussage: The Hague Local Division rectified the publication order in its provisional measures order of 8 October 2026 under R.
2026-10-28 - LD The Hague - CAELUS LIFESCIENCES IP
v.
PENDULUM THERAPEUTICS et al. - UPC-CFI-0001615/2026
routine
The Hague Local Division rectified the publication order in its provisional measures order of 8 October 2026 under R. 353 RoP at the defendants' request. The order had copied from the application a publication obligation covering the iherb.com domains of all EPC states where the patent is in force, although the injunction, the other orders and the reasoning on competence and on publication covered only the designated UPC states and Switzerland. The Court held that this extension was not intended and was inconsistent with the rest of the order, and limited publication to the UPC member states and Switzerland. It accepted that the territorial reach of a publication measure under Art. 80 UPCA need not coincide with the injunction's, but held that such a divergence would have required reasoning.