Amycel v XXX (UPC_CFI_499/2024)
Decision date:
21 October 2025
Osborne Clarke summary
- In these proceedings, Amycel obtained a default judgment and a permanent cross-border injunction against a Polish defendant over its infringing brown mushroom strain "Cayene", following the earlier grant of a preliminary injunction.
- After difficulties serving Amycel's statement of claim, the court authorised alternative service under Rule 275 RoP and deemed service effective on 25 November 2024. The defendant's late filed statement of defence was not admitted and its Rule 320 RoP re-establishment request was rejected.
- As the court was satisfied that service was properly effected under Rules 275 and 277 RoP, it proceeded to a default decision under Rule 355 RoP (failure of defendant to lodge a defence within the time limit). The Hague LD acknowledged that under Rule 355.2 RoP, the claimant’s facts must justify the relief sought. The Hague LD took this to mean that in a default situation, the court must assess whether the facts are sufficiently substantiated by evidence and whether the requested measures and orders are not prima facie unlawful or unfounded, that is the patent in question must not be obviously invalid and the allegedly infringing product must not be obviously outside the scope of the patent.
- Amycel alleged direct infringement of its patent by the Cayene strain offered and traded in the Netherlands, Germany, France and Italy. On the merits, the court adopted its findings from the preliminary injunction decision, namely that the patent was more likely than not valid and infringed. It rejected a raft of late defence applications and exhibits submitted by the defendant as inadmissible.
- The court granted a permanent injunction covering the Netherlands, Germany, France and Italy. It also ordered the defendant to provide certain information relating to the infringement, send recall letters to customers, publish a corrective notice on its website, and destroy any infringing returned and stock product. The court awarded damages – to be assessed in later damages proceedings – with an interim award of €50,000.
- The court also ordered a penalty payment of up to €50,000 for each day or part of a day the injunction is not complied with (up to a maximum of €1,000,000) and €5,000 for each day of non-compliance with the other orders (up to a maximum of €100,000).
Issue
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