A recent decision handed down by the Düsseldorf Local Division in UPC_CFI_351/2024 underscores the Unified Patent Court's authority to mandate transparency when a defendant’s public statements distort the reality of a legal dispute. Under Article 80 UPCA, the Court may order appropriate measures to disseminate information regarding its decision at the expense of the infringer. In this specific case, the Defendants had utilized their own corporate website to create a public impression that their products were non-infringing, explicitly stating their confidence in the legality of their distribution activities.
The Court determined that such actions created a false impression in the public domain that required direct rectification. Consequently, the Court not only allowed the Claimant to publish the decision across five industry journals but also took the more significant step of ordering the Defendants to publish the operative part of the Court’s judgment directly on their own websites for a period of one month. This restorative measure was deemed justified to effectively remove the misconception the Defendants had fostered themselves, ensuring that the approximately 8,000 customers they supplied were accurately informed of the infringement finding.
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