Topics: production of evidence
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CoA, June 29, 2026, CoA Partially Overturns Broad Evidence Production Order: Limits on Scope Clarified, UPC_CoA_57/2026
The CoA partially overturned a broad evidence production order of the LD Copenhagen and clarified the limits on the scope. The Court of First Instance had ordered Appellant to produce, subject to a penalty payment of up to EUR 1,000 per day of delay, complete construction drawings, manuals and “other materials” provided to customers.Appellant appealed,…
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LD Brussels, June 26, 2026, Alignment of UPC evidence production with parallel UK national proceedings under R. 190 RoP, UPC_CFI_629/2026, UPC_CFI_1357/2025
In an infringement action with a parallel counterclaim for revocation, the court had issued a first R. 190 RoP order (Order I), ordering the claimant to produce seven categories of evidence, which it did. The defendants then filed a second R. 190 RoP application (Application II), arguing that the evidence produced revealed further relevant material…
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LD Mannheim, September 16, 2025, order on the production of evidence, UPC_CFI_247/2025
Production of license agreements in FRAND context ordered.: Pursuant to R. 190 RoP and taking into account the stage of the proceedings, the production of license agreements was ordered insofar as the claimant agreed to submit the license agreements specified by it but could not receive the consent of its respective contractual partners to submit…
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LD Mannheim, October 20, 2024, request for production of evidence, UPC_CFI_471/2023
Request for production of evidence, Art. 49 UCA, R. 190 RoP, must be based on specific facts: As a general rule, an order to produce evidence (e.g. source codes) presupposes that a fact is relevant to substantiate claims or objections. For this purpose, the applicant must state in detail which specific fact he wishes to…
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CoA Luxembourg, September 24, 2024, order on request to produce evidence, UPC_CoA_298/2024, UPC_CoA_299/2024, UPC_CoA_300/2024
Both, claimant and defendant can rely on R. 190.1 RoP to request an order to produce evidence.: In view of the principle of equality of arms, Art. 59 UPCA and R. 190.1 RoP have a broader scope than the initial wording may suggest (evidence in support of its claims). The purpose of these provisions is…
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LD Mannheim, April 30, 2024, Order re producing license agreements, UPC_CFI_ 218/2023, UPC_CFI_ 219/2023, UPC_CFI_ 223/2023,
Plaintiff in infringement proceedings can request an order, directed against themselves, to produce an SEP license agreement with a third party. In accordance with the principle of production of evidence (Art. 43 UPCA), the plaintiff must decide for themselves which submissions they wish to make in the proceedings.: In order to demonstrate that FRAND obligations…
5 min Reading time→
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