UPC Preliminary injunctions: Sales support can constitute infringement

On 31 October, the Düsseldorf Local Division issued its decisions on the matter of preliminary injunctions requested by Valeo Electrification against three companies in the Magna group, citing infringement of two of their European patents.

In their defence, Magna claimed that the third defendant, Magna International France, SARL, was not an infringer of the patents in question, as they did not offer or sell Magna products. Instead, Magna International France offered consulting and services for other companies in the Magna group.

The Panel held that, even if Magna International France was not directly selling or marketing the challenged embodiments, its provision of sales support actively supported the offer and distribution of the challenged embodiments in the territories covered by the patent. Consequently, the third defendant was held liable for infringement along with the others.

The UPC is thus given broad consideration to issues of contributory infringement, a step that will be welcomed by patentees.