Preliminary injunction based on a patent granted only during appeal proceedings (District Court Düsseldorf)

Decision Keyword:

RRMS-Therapy II

Law applied:

German Code of Civil Procedure (ZPO) Sections 935, 940;

German Patent Act (PatG) Sections 139 I, 140 a I, IV;

EPC Art. 54, 56, 64, 83, 123 II, 138 I lit. b

Summary: (Machine Translation)

1. Even if the legal validity of a patent is not sufficiently secured by surviving adversarial proceedings on the legal validity of the patent or due to a special constellation, provisional legal protection may be required if exceptional circumstances exist and after the infringement court's own assessment of the patentability.
2. The mere granting of the patent does not necessarily lead to the possibility of successfully proceeding therefrom by way of interim relief and irrespective of the circumstances of the individual case.

District Court Düsseldorf, Judgment of January 26, 2023 – 4a O 83/22 –

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