2025-01-09 - LD Munich - air up group v. Guangzhou Aiyun Yanwu Technology - UPC_CFI_508/2023
- Aktenzeichen:
- UPC_CFI_508/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Order
- Parteien:
- air up group GmbH v. Guangzhou Aiyun Yanwu Technology Co., Ltd.
Kernaussage: The Munich Local Division granted a preliminary injunction by default against a Chinese defendant that had failed to respond to service effected under Rule 275.
2025-01-09 - LD Munich - air up group
v.
Guangzhou Aiyun Yanwu Technology - UPC_CFI_508/2023
routine
The Munich Local Division granted a preliminary injunction by default against a Chinese defendant that had failed to respond to service effected under Rule 275.2 RoP. The court proceeded directly to a Rule 355 RoP default decision, recognising the presumption of validity of granted European patents (CJEU Case C-44/21) without independent validity scrutiny. On infringement, the court took the applicant's unopposed factual allegations and accepted literal infringement of claims 1, 2, 4 and 10. Necessity and proportionality under Rule 211.4 RoP were met, with the application filed within weeks of the test-purchase-based discovery of the infringement.