Topics: R. 199 RoP
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LD Düsseldorf, May 4, 2026, revocation of an order on inspection and evidence preservation, UPC_CFI_885/2025
An order for the preservation of evidence shall be revoked or otherwise cease to have effect if the applicant does not start proceedings on the merits before the court within a period of 31 calendar days or 20 working days from the date specified in the court order (release of expert description). To remedy the…
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LD Düsseldorf, March 20, 2026, Order, UPC_CFI_1849/2025
Fairness-based language change requires balancing all relevant circumstances; if interests are equal, the defendant’s position is decisive (Art. 49(5) UPCA, R. 323 RoP): The President applied the Court of Appeal’s multi-factor framework, considering case-related circumstances (predominant language in the technology field, language of exhibits) and party-related circumstances (nationality, domicile, size, internal working language, coordination possibilities).…
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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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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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