UPC CFI LD The Hague, 19 june 2024: Preliminary injunction - breach of cease-and-desist-undertaking
20-06-2024 Print this page
Immediately enforceable preliminary injunction for direct infringement and order to deliver up devices in direct or indirect possession, subject to a recurring penalty payment (Rule 211 RoP).
International jurisdiction UPC (Article 31 UPCA): competence for Ireland undisputed (Article 26 BR); Court does not understand the application to also involve the UK.
Abbott’s interests outweigh any interest of Sibio (Rule 211(3) RoP); action not devoid of purpose (Rule 360 RoP).
Given Sibio c.s.’ breaches of their cease-and-desist declarations, which do not include an irrevocable penalty payment in case of breaches. According to their submissions, Sibio c.s. has left the markets where the patent is in force. This court therefore fails to see any legitimate interest on their part in opposing the preliminary injunction sought.
