Key takeaways
An order for the preservation of evidence shall be revoked or otherwise cease to have effect if the applicant does not start proceedings on the merits before the court within a period of 31 calendar days or 20 working days from the date specified in the court order (release of expert description).
To remedy the consequences, the court may order also the return and destruction or deletion of the detailed description and the brochure.
An order for the preservation of evidence, upon the defendant’s request, shall be revoked or otherwise cease to have effect, without prejudice to the damages which may be claimed, if the applicant does not start proceedings on the merits before the court within a period not exceeding 31 calendar days or 20 working days, whichever is the longer, from the date specified in the court order with due account to the date where the expert report shall be presented (Art. 60 (8) UPCA, R. 198.1, 199.2 RoP). The court may then order also the return and destruction or deletion of the detailed description and the brochure to remedy the consequences (Folgenbeseitigungsanspruch). (mn. 21)
Where the order for the preservation of evidence is revoked, the court may order the applicant to provide the defendant with appropriate compensation for all damages suffered as a result of these measures if the applicant has specified such damages. However, attorney costs incurred in the course of the evidence preservation proceedings are costs to be asserted in the proceedings for cost decision.
Where the order for the preservation of evidence is revoked, the court may order the applicant to provide the defendant with appropriate compensation for all damages suffered as a result of these measures if the applicant specifies such damages (Art. 60 (9) UPCA, R. 198.2 RoP). Attorney costs incurred in the course of the proceedings are costs to be asserted in the proceedings for cost decision pursuant to R. 151 et seq. RoP, but not damages within the meaning of Art. 60 (9) UPCA, R. 198.2 RoP. (mn. 22)
Division
Local Division Düsseldorf
UPC number
UPC_CFI_885/2025
Type of proceedings
Request for revocation of an order on inspection and evidence preservation
Parties
Claimant: OTEC Präzisionsfinish GmbH
Defendant: STEROS GPA INNOVATIVE S.L.
Patent(s)
EP 2 983 864
Body of legislation / Rules
Art. 60 (8) and (9) UPCA, R. 198.1, 199.2 RoP
