UPC Local Division: Substantive Decision: Indirect Patent Infringement, Legal Consequences, Provisional Damages

An order for recall, final removal from the channels of commerce and destruction is generally not considered for products that are only attacked by way of indirect patent infringement, as these are not "the subject-matter of the patent". Even if R 119 RoP provides for the possibility of awarding provisional damages on a lump-sum basis, an award requires a sufficient factual basis. The plaintiff's submissions must show that its claim is based on a plausible estimate based on specific facts. If the plaintiff in a nullity action relies on a lack of inventive step to substantiate its nullity action, it is not sufficient to merely name the documents on which it relies. It must explain the disclosure content and state specifically why and in what way the person skilled in the art would combine the individual documents (LD Düsseldorf 10.12.2025, CFI 316/2024).