IP case law Court of Justice

Referral C-44/21 (Phoenix Contact, 28 Jan 2021)

Is it compatible with Article 9(1) of Directive 2004/48/EC if German higher regional courts (Oberlandesgerichte), which have jurisdiction at last instance in proceedings for interim relief, refuse, in principle, to grant interim measures for patent infringement if the patent in dispute has not survived opposition or invalidity proceedings at first instance?

Case details on the CJEU website (external link)