UPC Local Division: Application for Interim Measures (Anti-Antisuit Injunction [AASI])

The infringement of a right of the patent proprietor is imminent within the meaning of Article 62(1) UPCA if the infringement has not yet occurred, but there are serious and tangible factual indications based on specific circumstances that the defendant will act unlawfully in the near future. The infringing act must be concretely imminent. It must only depend on the will of the defendant whether the final step towards the start of the infringement is implemented. This depends on the circumstances of the individual case. In the case of an anti-suit injunction, the infringement of the patent proprietor's property right only occurs with the issuance of the anti-suit injunction by another court, but the infringing act consists of the infringer's application for its issuance. An infringement of the patent proprietor's property right by the issuance of an anti-suit injunction can be imminent even before the application for its issuance is filed, depending on the circumstances of the individual case. The ordering of security for costs in the case of an interim measure issued without hearing the defendant can be omitted as an exception in accordance with R 211.5 RoP if it is not possible for the applicant in terms of time to provide the security until the service of the interim measure at a trade fair, and other service options are associated with considerable difficulties (LK München 19. 2. 2025, CFI 112/2025).