Valeo v Magna (UPC_CFI_347/2024)
Decision date:
31 October 2024
Osborne Clarke summary
- Valeo made an application for provisional measures, seeking an preliminary injunction against Magna with respect to its alleged infringement of a European Patent concerning electric machinery.
- The Düsseldorf LD granted a preliminary injunction against Magna, but still allowed Magna to meet existing customer obligations to BMW with respect to five particular machinery models. The court, therefore, included third party interests in its assessment of the balance of interests in the grant of the preliminary injunction.
- This decision illustrates the UPC's willingness to carry out a fairly substantial examination of validity in preliminary injunction proceedings when assessing if it is more likely than not that the patent is valid. In assessing whether the patent in suit is more likely than not to be invalid, the court held that the high revocation rates of patents in general challenged by opposition or revocation proceedings was irrelevant.
Issue
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