UPC Board of Appeal: Urgency

The waiting period under Rule 211.4 of the Rules of Procedure is calculated from the day on which the applicant became aware, or should have become aware, of the infringement to such an extent that they were in a position to file a promising application for provisional measures. Accordingly, the relevant point in time is when the applicant actually possessed, or through due diligence should have possessed, the necessary facts and evidence. Whether a delay is unreasonably long within the meaning of Rule 211.4 of the Rules of Procedure depends on the circumstances of the individual case (Unified Patent Court, 25 September 2024, Court of Appeal 182/2024).