Topics: Rule 190 RoP
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LD The Hague, May 11, 2026, Order, UPC-CFI_478/2025, UPC_CFI_585/2026
Under R. 190 RoP and Art. 59(1) UPCA, evidence production orders require four cumulative conditions: plausible evidence, specified evidence within the other party’s control, confidentiality protection, and proportionality : The Court grounded this framework in prior UPC case law, specifically Winnow v Orbisk (LD The Hague, UPC_CFI_327/2024) and Oppo v Panasonic (CoA, UPC_CoA_298,299,300/2024). The conditions derive from R. 190.1…
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LD Hamburg, 4 June 2024, Procedural Order of the Court of First Instance, UPC_CFI_54/2023
In relation to the proprietor of a European patent there is a rebuttable presumption pursuant to R. 5(a) and (c) that the person shown in the patent register is the actual proprietor of the patent: Nevertheless, the person shown in the register can be ordered to produce evidence according to R. 190 RoP in order…
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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…
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LD Mannheim, 14 February 2024, order on production of documents and protection of confidential information, UPC_CFI_210/2023
Order of a confidentiality regime step-by-step from uploading the document to the decision and any requests for access to the file: The regime reflects the interest – typically arising from the provision in license agreements that the contract may only be produced upon a court order – that the respective licence agreement partner shall be…
3 min Reading time→
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