Executive Summary
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.
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.
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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.