Primetals Technologies Austria GmbH v. Danieli & C. s.p.a.

App_36483/2024

Primetals Technologies Austria GmbH successfully obtained a provisional measure from the UPC Local Division in Milan, securing an order to preserve evidence and inspect premises of Danieli Group companies. The applicant sought this ex-parte order based on strong suspicion that the defendants' products infringed EP 2624977, which covers drivers for steel strip coiling installations. This decision is significant as it demonstrates the UPC's willingness to grant early investigative measures when a clear prima facie case of infringement and patent validity exists.

Jurisdiction
European UPC
Court
Milan (IT) Local Division
Case Number
App_36483/2024
Judge(s)
and judge rapporteur; LANGUAGE OF PROCEEDING English SUMMARY OF FACTS AND PROCEDURE On the

What the Court Held — Ratio Decidendi

The UPC Local Division in Milan found that the applicant met all procedural requirements (Rule 192.2 RoP) and satisfied the burden of proof regarding patent ownership and reasonable suspicion of infringement under Article 60 UPCA, thereby granting the ex-parte order to preserve evidence.

Practitioner Note

This decision granted relief to the petitioner. If you are facing a similar patent dispute before Milan (IT) Local Division, this precedent supports interim or final relief where the facts are comparable. The ratio regarding the applied tests is particularly relevant for strategy.

Related Cases

patentApp_1872/2025

Maxeon Solar Pte. Ltd.vsAiko Energy Germany GmbH, Solarlab Aiko Europe GmbH, Memodo GmbH, Aiko Energy Netherlands B.V., Libra Energy B.V., VDH Solar Groothandel B.V., PowerDeal SRL, Coenergia Srl a Socio Unico

In a procedural order concerning confidential information in an infringement and revocation action, the Düsseldorf Local Division addressed access rights to sensitive financial data. The Court clarified that parties must provide specific, concrete reasons when objecting to or requesting access to confidential information. It ultimately granted access to certain independent consultants involved in patent matters while rejecting a request for another party, emphasizing the strict adherence required under confidentiality rules.

patentORD_62633/2024

Oerlikon Textile GmbH & CO KGvsHimson Engineering Private Limited

In this procedural order (UPC_CFI_240/2023), Oerlikon Textile GmbH & CO KG addressed its infringement claim against Himson Engineering Private Limited regarding patent EP2145848. The court focused heavily on case management, defining the scope of evidence and arguments for the upcoming oral hearing. Key issues included Himson's counterclaim for revocation, Oerlikon's auxiliary requests, and the admissibility of video and testimonial evidence. Due to a general strike in Italy, the interim conference was postponed.

patentORD_42107/2024

Dolby International ABvsHPCP – Computing and Printing Portugal, Unipessoal, Lda., HP Inc., Hewlett-Packard Luxembourg SCA, HP Finland Oy, HP Inc Bulgaria EOOD (Ейч Пи Инк България ЕООД), HP Austria GmbH, HP Deutschland GmbH, HP Inc Danmark ApS, Hewlett-Packard d.o.o., HP Italy S.r.l., HP France SAS, HP International SARL, HP PPS Sverige AB, HP Belgium SPRL, Hewlett-Packard Nederland BV

In a case concerning the infringement of an HEVC essential patent, Dolby International AB sought protection for its confidential information via an assisting party (Access Advance LLC). The Düsseldorf Local Division issued an order granting this request. This decision reinforces the procedural mechanisms within the UPC that allow parties and assisting parties to protect trade secrets during litigation, ensuring sensitive business data remains restricted to authorized personnel.

patentUPC_CFI_316/2023

Nicoventures Trading LimitedvsNJOY Netherlands B.V and Juul Labs International Inc.

This order addressed a request for public access to documents under Rule 262.1(b) RoP, stemming from parallel EPO opposition proceedings concerning EP 3430921. The Applicant argued that parties in EPO oppositions needed full visibility into UPC revocation actions to protect their interests and uphold natural justice. While the court granted access to existing materials in the CMS, it firmly rejected requests for future documents or non-decision/order court-generated materials, citing a lack of legal basis and practical concerns.

patentApp_11454/2024

Volkswagen AGvsNetwork System Technologies LLC

In a decision concerning security for legal costs, the UPC Local Division in Munich dismissed the application filed by Network System Technologies LLC (NST). NST argued that its limited financial resources and the complexities of enforcing judgments in the US made it an unsuitable party to bear the cost security. The court countered this by emphasizing the general enforceability of UPC decisions abroad and noting that NST failed to provide concrete evidence of insolvency or enforcement difficulties, ultimately upholding the claimant's right to access justice.

Arctic Invent — IP Strategy

Dealing with a patent challenge?

Whether it's a Section 3(d) rejection, a post-grant opposition, or a FRAND dispute, Arctic's patent litigation team has handled it. Get a strategy call.

Talk to our patent team →

Disclaimer: This page contains an automated summary based on publicly available judicial records. The content is generated for informational purposes only and does not constitute legal advice. Always verify details against the original source judgment before relying on this information for any legal purpose. If you believe any information is inaccurate, please contact us.

Strategy Consult

Facing a similar patent matter?

Arctic's litigation team uses precedent data like this to build winning arguments.

Get a Strategy Call