Topics: Rule 197.3 RoP
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LD Düsseldorf, May 4, 2026, review of an order to preserve evidence, request for the expert’s recusal, UPC_CFI_1696/2025
There is a basis for concern regarding an expert’s bias if – from the perspective of a knowledgeable and reasonable observer – certain circumstances give rise to justified doubts as to the expert’s impartiality or independence i.e., there is a likelihood that the expert’s decision will be influenced by factors other than the aforementioned duties.:…
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LD Munich, May 28, 2025, Order, UPC_CFI_63/2025
Ex parte evidence preservation and inspection orders may be granted if the applicant provides sufficient evidence of likely infringement (Art. 60 UPCA, Rules 192, 197.3 RoP).: The court will grant such orders without hearing the defendant if the applicant submits all reasonably available evidence supporting a likelihood of patent infringement or threat thereof. The review…
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CoA, December 3, 2024, appeal decision on request for preliminary measures, UPC_CoA_297/2024
When the Court adjudicates on an application for provisional measures pursuant to R. 211.2 RoP in conjunction with Art. 62(4) UPCA, a sufficient degree of certainty (see also Art. 9(3) Directive 2004/48/EC) requires that the court considers on the balance of probabilities, that it is more likely than not, that the Applicant is entitled to…
3 min Reading time→
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