Key takeaways
An order to produce evidence under Art. 59 UPCA and R. 190 RoP requires the claimant to present reasonably available and plausible evidence supporting its infringement claim.
The claimant must specify evidence within the defendant’s control. The Court’s order is subject to safeguards for confidential information and the right against self-incrimination (Art. 59(1) UPCA).
The plausibility threshold does not require proof of infringement; evidence making the claim plausible is sufficient, especially when obtaining it is difficult in specialized B2B markets.
The claimant met this standard by providing older technical data sheets, composition analyses, and a product sample, which the Court deemed sufficient to render the infringement allegations plausible.
Production of evidence must occur via the Court’s Case Management System (CMS) per R. 4.1 RoP; a request for production via email will be rejected.
The Court ordered production exclusively through the CMS, setting a deadline of two weeks from the issuance of the order, not its service.
A penalty payment for non-compliance may be rejected, but the Court can draw adverse inferences from a party’s failure to comply with an order to produce evidence.
The Court found a daily penalty payment unjustified at this stage but explicitly reserved the right to draw conclusions from the defendant’s failure to comply with the decision.
Parties will have an opportunity to comment on newly produced evidence in subsequent submissions; an explicit order under R. 36 RoP is not necessary at this stage.
The Court deemed R. 36 RoP inapplicable at the evidence production stage but confirmed that parties can naturally
Division
LD Paris
UPC number
UPC_CFI_583/2025
Type of proceedings
Main infringement action
Parties
Claimant: Bostik, Inc.
Defendants: Henkel France; Henkel France Operations; Henkel Technologies France; Henkel AG & Co. KGaA; Henkel Nederland B.V.; Henkel Italia S.r.l.
Patent(s)
EP 1725627 B1
Jurisdictions
Place jurisdictions
Body of legislation / Rules
Art. 59 UPCA
Art. 73(2)(a) UPCA
R. 4.1 RoP
R. 36 RoP
R. 190 RoP
R. 220.1(c) RoP
R. 224.1(b) RoP
