2026-05-06 - LD Hamburg - HORL 1993 v. Magna - UPC_CFI_388/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Hamburg Local Division found direct infringement of a unitary patent and granted the full merits remedy set for the Contracting Member States, while dismissing every claim directed at non-UPCA countries. By its first headnote the division held that claims relating to countries outside the UPCA must be supported by sufficiently concrete facts enabling the court to decide infringement reliably under the law of each of those countries: applicable law follows lex loci protectionis and does not follow from the Court's jurisdiction, so listing the foreign statutes and asserting that they broadly correspond to the UPCA is not enough. By its second headnote it held that a right to publication under Art. 80 UPCA requires a demonstrated legitimate interest, which may arise where the infringer presents the patentee's product negatively in a comparison on its own website while highlighting the accused product favourably in a trade journal; the over-broad publication request was narrowed to a single half-page summary in that journal. On the information limb the division granted the full Art. 67 UPCA account together with document production under Art. 68(3)(a), (b) UPCA and R. 191 sentence 1 alternative 2 RoP, refused a representatives-only confidentiality restriction while reserving redaction of confidential details, and rejected the argument that UPC practice grants a German-style grace month. Provisional damages were confined to the fixed fee of EUR 3 000 because the value of the damages proceeding does not necessarily match that of the infringement proceeding and was not substantiated.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_388/2025