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Preliminary Injunctions at the UPC
Preliminary injunctions (PIs) remain one of the UPC's most powerful tools. The Court of Appeal's reversal in Insulet v EOFlow, the wave of 2025 provisional measures rulings and the increasing willingness to grant pan-UPC PIs (and now PIs reaching into non-UPC states) have given patent owners a clear picture of what works. This session examines what the case law tells patentees and defendants about preparing for, securing and defending against a PI.
-Walk through the Insulet v EOFlow saga, including the Court of Appeal's strict approach to claim construction and its treatment of urgency, balance of interests and the absence of a cease-and-desist declaration.
- Apply the lessons from the Hamburg Local Division's order in Dyson v Dreame on when a PI will extend beyond UPC contracting states.
- Set out what patentees should have in place before filing for provisional measures, and what defendants can do to prepare a fast response.
- Consider the different approaches to PIs and the granting of ex-parte across different UPC forums.
