UPC Court of Appeal confirms "lowered" test for imminent infringement in Boehringer Ingelheim v Zentiva PI appeal

Earlier this year, the UPCKat reported on what appeared to be a high bar to stop generic market entry set by the Lisbon Local Division in its 8 May 2025 ruling in Boehringer Ingelheim v Zentiva UPC_CFI_41/2025. The UPC Court of Appeal has now – three months later - reversed the LD Lisbon’s decision and granted the preliminary injunction (PI) sought by Boehringer Ingelheim (UPC_CoA_446/2025;