Michalski Hüttermann & Partner and Fieldfisher obtain preliminary injunction for Syngenta before the Unified Patent Court

In preliminary injunction proceedings before the Munich Local Division, our firm, together with attorneys from law firm, Fieldfisher, was able to obtain a preliminary injunction for our client Syngenta against Sumi Agro. The subject matter of the patent, EP 2 152 073, is a herbicide composition. The local division found a Sumi Agro product to be infringing, and the patent to be likely valid (UPC_CFI 201/2024).

Syngenta was represented by Filip de Corte (head of patent department) and patent in-house counsel Chris Andrews. Prof. Dr. Aloys Hüttermann (lead and litigation counsel), Wasilis Koukounis, LL.M. and Dr Kevin Lamberts acted for MH, while Fieldfisher was represented by Benjamin Grzimek (lead and litigation counsel), Aylin Cremers and Dr. Jörn Peters.

In view of the fact that less than 50% of all applications for preliminary measures before the Unified Patent Court have so far been successful, this clear order is remarkable. Of broader interest is inter alia that the Munich Local Division, despite diverging case law of the Düsseldorf Local Division, adheres to the two-month deadline for urgency, as well as that a placing on the market in a non-UPCA state (here: Czech Republic) while at the same time advertising an identical product within the UPCA territory, was found to be sufficient for a risk of first infringement.

An appeal against the order is possible, and proceedings on the merits will follow in accordance with Rule 213.