2025-07-08 - CD Milan - Maschio Gaspardo v. Spiridonakis Bros GP - UPC_CFI_513/2024
- Aktenzeichen:
- UPC_CFI_513/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Milan (IT) Central Division- Section
- Art:
- Order
- Parteien:
- Maschio Gaspardo S.p.A. v. Spiridonakis Bros GP
Kernaussage: The Milan Central Division issued a decision by default against a defendant that never entered proceedings, and used the occasion to fix the standard of scrutiny such a decision requires.
2025-07-08 - CD Milan - Maschio Gaspardo
v.
Spiridonakis Bros GP - UPC_CFI_513/2024
notable
The Milan Central Division issued a decision by default against a defendant that never entered proceedings, and used the occasion to fix the standard of scrutiny such a decision requires. Rule 355.2 RoP is broader than Rule 171.2 RoP: default is a general non-contestation, so the court must still verify that the claimant pleaded and evidenced facts justifying each remedy, read in light of the front-loaded character of UPC proceedings. On the merits the division found direct infringement under Art. 25(a) UPCA and held, in the alternative, that the double-territoriality link of Art. 26 UPCA is satisfied where the offer and the putting into effect concern different Contracting Member States. It granted a permanent injunction for every state in which the patent is validated, an Art. 67 UPCA information order coupled with a confidentiality restriction under R. 191 and R. 190.1 RoP, and representation costs without requiring invoices.