Topics: Art. 60 UPCA
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LD Düsseldorf, November 17, 2025, order re inspection and preserve evidence, UPC_CFI_885/2025
The court ordered the full disclosure of an expert’s inspection report to the patentee because the defendant failed to identify any trade secrets within the given deadline, confirming that parties must actively claim confidentiality to receive protection: Following a court-ordered inspection (saisie-contrefaçon) at a trade fair, an independent expert prepared a detailed report on the…
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LD Düsseldorf, November 19, 2025, order re confidentiality (R. 262A RoP), UPC_CFI_539/2024
In response to confidentiality interests asserted by the respondent to an application for preservation of evidence (the alleged infringer), the court may order a partial redaction of the expert report before its release to the applicant (the patent holder): The court mandated the redaction of specific commercial data. This includes prices and order quantities, which…
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LD Mannheim, July 25, 2025, Procedural Order on Enforcement of Saisie Order, UPC_CFI_636/2025
Saisie Order is Limited to Systems and Evidence Physically Available at Designated Premises: The inspection may only cover what is physically present at the premises explicitly named in the court order. A defendant is not obliged to grant access to systems or data stored outside the specified premises, nor to coordinate with personnel or infrastructure…
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CoA, July 15, 2025, review of orders to preserve evidence, UPC_CoA_327/2025, UPC_CoA_002/2025
A request for preserving evidence does not require that this measure is sought without unreasonable delay. : It is necessary to distinguish between the assessment of urgency in the context of an application for preserving evidence (R. 194.2(a) RoP) and the assessment of urgency in the context of an application for provisional measures (R. 209.2(b)…
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LD Munich, May 28, 2025, Order, UPC_CFI_63/2025
Ex parte evidence preservation and inspection orders may be granted if the applicant provides sufficient evidence of likely infringement (Art. 60 UPCA, Rules 192, 197.3 RoP).: The court will grant such orders without hearing the defendant if the applicant submits all reasonably available evidence supporting a likelihood of patent infringement or threat thereof. The review…
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Court of Appeal, July 23, 2024, order on appeal, UPC_CoA_177/2024
Application for preservation of evidence or inspection of premises implies a request to disclose the report on the outcome: The legitimate purpose of the procedure for the preservation of evidence or the inspection of premises (Art. 60 UPCA, R. 192 et seq.) includes the use of the evidence to decide whether to initiate proceedings on…
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LD Milan – Order of September 25, 2023 – UPC_CFI_286/2023 and UPC_CFI_287/2023
Ex-parte request for preserving of evidence and inspection allowable if requirements under Art. 60 UPCA, Rule 192.2 RoP, and Rule 194.2 RoP are fullfilled / sufficiently substantiated : Milan Local Division has competence pursuant to Art. 32.1 (c), 33.1 (b), and 60.1 UPCA. The following points were assessed by the LD: Fulfilment of the provisions…
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