ARTICLE
23 October 2026

LD Düsseldorf, September 7, 2026, Inspection And Evidence Preservation, UPC_CFI_1332/2026

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Bardehle Pagenberg

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
An order for inspection and/or preservation of evidence requires a sufficient likelihood of infringement
Germany Intellectual Property

1. Key takeaways

An order for inspection and/or preservation of evidence requires a sufficient likelihood of infringement

Sufficient, when a patent infringement appears plausible; excessive standards of proof must not be applied.

The existence of non-infringing alternatives does not automatically defeat the infringement likelihood unless those alternatives make the applicant’s submission implausible.

Additional factors increasing likelihood:

Factor 1: Respondents refused during license negotiations to disclose their technical solution.

Factor 2: Respondents’ protective letter contained no non-infringement arguments.

No temporal urgency requirement

The Local Division found in line with UPC_CoA_2/2025 that neither the UPCA nor the RoP require temporal urgency for inspection/evidence preservation orders – in contrast to provisional measures.

2. Division

Local Division Düsseldorf

3. UPC number

UPC_CFI_1332/2026

4. Type of proceedings

Provisional measures

5. Parties

Claimant: fiskaly GmbH

Defendant: Swissbit AG and Swissbit Germany AG

6. Patent(s)

EP 4 285 308 B8

7. Jurisdictions

UPC

8. Body of legislation / Rules

Rule 197.3 RoP.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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