Topics: evidence preservation
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LD Milan, July 21, 2026, interim conference, UPC_CFI_703/2025 and UPC_CFI_1757_2025
Physical inspections and judicial weighing experiments may be ordered under Rules 170.2(f), 170.2(g), and 201 RoP if necessary and proportionate to establish infringement: The claimant’s request to weigh the seized vehicle was justified to prove infringement. The court noted that practical difficulties and costs do not negate the necessity of the experiment. (Sec. 10 et…
4 min Reading time→ -
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LD Düsseldorf, May 6, 2026, Order, UPC_CFI_1536/2026
Ex parte inspection at trade fairs justified where concrete risk of evidence destruction exists (Art. 60 UPCA, R. 192, 197 RoP): The Court ordered ex parte inspection of a machine exhibited at a trade fair. The Applicant credibly demonstrated that the Defendant could remove the machine or deactivate pre-programmed processes via software update, rendering evidence…
6 min Reading time→
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