UPC CFI, LD Paris, 23 March 2025: Review dismissed of ex parte order to preserve evidence
24-06-2025 Print this page
Review dismissed of ex parte order to preserve evidence and inspect premises (R. 197.4 RoP).
No breach of duty to disclose any known material facts (R. 192.3 RoP):
Patent holder cannot be required, at the stage of the application for preservation of evidence, to respond in advance to possible attacks on the validity of the patent, without prejudice, at the stage of the substantive proceedings, to discussing and deciding on a possible application for revocation of the patent.
No demonstrable risk of destruction of evidence (Article 60.5 UPCA) because of the mere digital format of the data but to ensure the effectiveness of the simultaneous measures at the site of the manufacturer and that of the operator of the allegedly infringing oven.
No lack of urgency (R. 194.2 RoP): a two-month period to prepare the application for preservation of evidence appears reasonable, as the applicant for seizure is required under Article 60.1 UPCA to present reasonably accessible evidence to support its allegations that its patent has been infringed or that infringement is imminent.
IPPT20250324, UPC CFI, LD Paris, Tiru v Maguin
The ex parte order: IPPT20241223, UPC CFI, LD Paris, Tiru v Maguin (and Valinea)
The ex parte order:
