(UPC_CFI_1321/2026)
In the present case, the applicant, Cybex GmbH, sought preliminary measures against NUNA International B.V. / Allison GmbH based on European Patent EP 4 242 056 B1 relating to a child seat system.
The procedural key points of this decision are summarized below.
(A) As a main request, the applicant relied on a claim based on a combination of granted claims 1 and 2, with, however, an alternative deleted from granted claim 2 and a reformulation of the features from granted claim 2. The applicant therefore relied on a claim set that was narrower than the claims as granted in the patent in suit.
In its order, the Court held that the reliance on such a restricted claim set does not, by itself, preclude the ordering of preliminary measures. According to the Court, this decision is in line with a previous decision of the Court of Appeal in the case Onward/Niche (UPC_CoA_898/2025).
(B) In the first reply brief, the applicant filed auxiliary requests, including an additional feature extracted from the description of the patent.
In its order, the Court refused to admit these auxiliary requests filed for the first time in the reply brief. According to the Court, those requests introduced an additional feature that was not present in that form in a dependent claim, and admission would have left the defendants with only a very short period to prepare a defence, particularly on validity issues.