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Case law

Urgency and standing in UPC preliminary injunction proceedings: UPC_CFI_374/2025 (Local Division The Hague)

In its order in UPC_CFI_374/2025, Local Division The Hague, 29 August 2025 (Cilag/Ethicon v RiVOLUTiON), the Court dismissed an application for provisional measures primarily on lack of temporal urgency under Rule 211.4 Rules of Procedure (RoP). The order is a detailed illustration of how the UPC assesses “unreasonable delay” in preliminary injunction (PI) practice and how it links that assessment to a claimants’s preparation steps.

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Refusal to hear witnesses on alleged public prior use: Technical Board of Appeal 3.2.07 reinforces the duty to take decisive evidence (T 1113/24)

In T 1113/24 (Technical Board of Appeal 3.2.07, 9 December 2025) the Board set aside an opposition decision because the Opposition Division (OD) rejected an alleged public prior use without hearing two witnesses offered to prove contested, outcome-determinative facts. The decision is a procedural reminder that an EPO department may not refuse relevant witness evidence by pre-judging its probative value. 

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