Case Law
Rule 209: Examination of the Application for provisional measures

Court of First Instance - Vienna (AT) Local Division, Order dated 13/09/2023, CUP&CINO Kaffeesystem-Vertrieb GmbH & Co. KG v. ALPINA COFFEE SYSTEMS GmbH (Case number UPC_CFI_182/2023, ACT_528738/2023)
Example of decision recognizing urgency : “The matter is also urgent (R. 209.2(b) RoP) due to the leading European trade fair "EuroBike 2023", which is already underway. It is neither submitted nor apparent that the Applicant already had knowledge of the more detailed technical design of the contested embodiment before the inspection of the contested embodiment on 19 June 2023 and thus immediately before the start of the aforementioned trade fair.”

Court of First Instance - Munich (DE) Local Division, Order dated 28/08/2023, AIM Sport Vision AG v Supponor Oy, Supponor Limited, Supponor SASU, Supponor Italia SRL, Supponor España SL (Case number UPC_CFI_214/2023, ORD_567421/2023)
Example of decision concerning the submission of written observations

Court of First Instance - Helsinki (FI) Local Division, Order dated 17/07/2023, AIM Sport Vision AG v Supponor Oy (Case number UPC_CFI_214/2023, ORD_551054/2023)
Example of decision on conditions for a preliminary injunction: “Based on Rule 209.1 (a) of the Rules of Procedure of the Unified Patent Court, the Court invites the Defendants to lodge, should they so envisage, an Objection to the Application for the preliminary injunction included in the Statement of Claim. The Objection shall (i) contain the reasons why the Application shall fail and (ii) the facts and evidence relied on, in particular any challenge to the facts and evidence relied on by the applicant.”
“Should the Defendants file a Preliminary objection according to the rule 19 of the Rules of Procedure concerning the Statement of claim in the main proceedings and lodge the same objections concerning the preliminary objection, these objections shall be lodged the same time with the Objection to the Application for the preliminary injunction.”

Court of First Instance - Dusseldorf (DU), Local Division, Order dated 22/06/2023, myStromer AG v Revolt Zycling AG (Case number UPC_CFI 177/2023, ORD_525740/2023)
Example of decision on the application for provisional measures: “It is neither submitted nor apparent that the Applicant already had knowledge of the more detailed technical design of the contested embodiment before the inspection of the contested embodiment on 19 June 2023 and thus immediately before the start of the aforementioned trade fair.”