Preliminary Injunctions in Patent Matters – Current Developments

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Preliminary injunctions are a powerful tool, in particular in patent matters, as they usually force the stakeholder to immediately take his elaborately introduced product from the market. Therefore, there were good reasons for the courts to be reluctant in issuing such injunctions.

Now, the courts are developing the interim relief in patent cases with surprising speed, but some points remained unclear. It is therefore a welcome development that the Appellate Court of Düsseldorf recently (judgment of 29 April 2010, 1-2 U 126/09, InstGE 12, 114 = Beck RS 2010, 15862) took the opportunity to sharpen the requirements, in particular with regard to the necessary validity of the patent in-suit.

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DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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