Another occluder-decision!
The Local Division Hamburg (UPC_CFI_553/2025) ruled that obtaining a CE-mark approval gives an indication of an expected market entry of the device in any of the EU member states in the foreseeable future. There was no need to decide whether the CE-marking allone is sufficient to establishing threat of infringement since the defendant also provided “ordering information” and announced to show-case their products on a trade fair.
The LD Hamburg also clarified, that any knowledge of the Applicant regarding the attacked embodiments prior to this date is not relevant with regard to urgency.
The decision draws the readers attention to the interplay between threat of infringement and urgency – both prerequisites for a provisional injunction. Waiting too long for beeing as sure as possible to establish threat of infringement may result of being to slow to meet the urgency requirement.