1. Key takeaways
Ex parte inspection order granted to preserve evidence at a trade fair
The Court granted an ex parte order for inspection and evidence preservation under Article 60 UPC and Rules 194, 196, 197, and 199 RoP. The Applicant successfully argued that the inspection was urgent due to the limited availability of the allegedly infringing products and the risk of the Respondent removing or modifying them from the trade fair. The Court acknowledged the urgency and risk of evidence loss, justifying an ex parte order under Rule 197 RoP.
Proportionality and confidentiality safeguards
The Court appointed an independent expert and a bailiff to conduct the inspection, limiting the presence to these individuals and one legal representative each from the applicant's legal team. This measure aimed to balance the Applicant's need to collect evidence with the Respondents' interests and the protection of confidential information.
Confidentiality obligations and restricted use of information obtained during inspection
The Court imposed confidentiality obligations on all parties involved in the inspection (Rule 196.1 RoP) and restricted the use of the detailed description prepared by the expert to potential infringement proceedings against the Respondents (Rule 196.2 RoP). The Court will decide on the disclosure of the detailed description to the Applicant after hearing the Respondents' confidentiality concerns.
2. Division
LD Duesseldorf
3. UPC number
UPC_CFI_260/2025
4. Type of proceedings
ex parte evidence preservation measures
5. Parties
Applicant: OTEC Präzisionsfinish GmbH, Germany
Respondent: 1. STEROS GPA INNOVATIVE S.L., Spain; 2. redacted
6. Patent(s)
EP 2 983 864
7. Body of legislation / Rules
Rules 194, 196, 197, 199 RoP, Art. 60 UPCA
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