Topics: production of evidence
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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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