Steros v OTEC (UPC_CFI_281/2025)
Decision date:
16 June 2025
Osborne Clarke summary
- Steros made an application for provisional measures (preliminary injunction) against OTEC for infringement of its patent with unitary effect, which protected an electric medium and electropolishing process using an electrolytic medium. Steros asserted claim 1 only.
- The Hamburg LD applied the test set out in 10x Genomics. The court found that it was more likely than not that OTEC had infringed Steros' patent. OTEC alleged lack of novelty, but the Hamburg LD decided that it was more likely than not that the patent was valid.
- Under Article 62(2) UPCA in conjunction with Rule 211.3 RoP, the court has the discretion to weigh the interests of the parties against each other. In this case, the Hamburg LD held that the weighing up favoured Steros. Steros did not wait for an unreasonably long time before bringing the application: the application was filed within one month of the publication of grant of the patent. It had the attacked embodiment examined at the end of 2024, prior to the grant of the patent, and it was not in a position to file the application before grant. The court also took into account Steros' loss of market share and price erosion. The preliminary injunction was granted.
Issue
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