2025-02-24 - CoA - Biolitec v. Light Guide Optics et al. - UPC_CoA_540/2024

The procedure for provisional measures may find application if, considering the nature of the case, proceedings on the merits cannot be awaited. If proceedings on the merits can be awaited, provisional measures are not necessary since proceedings on the merits offer more procedural safeguards. In weighing up the interests of the parties, the Court is not limited to merely taking into account the harm for either of the parties, but also takes into account the time factor. More specifically, the Court assesses whether it is possible to await proceedings on the merits, or whether provisional measures are necessary. The requested measures would change the status quo on the market, established years before the grant of the patent. In this case, the Appellant has not demonstrated that provisional measures are necessary to protect its current market share or prices or for any other purpose that cannot await a decision on the merits.

The Court of Appeal confirmed an order by the Düsseldorf Local Division rejecting an application for provisional measures. The CoA explained that it also saw no objective necessity for provisional measures and that a weighing of interests led to the result that the applicant could be referred to conducting proceedings on the merits instead.