UPC CFI, LD Dusseldorf, 4 September 2025: Detailed fair related ex parte order to preserve evidence and inspect premises
23-11-2025 Print this page
Detailed ex parte order to preserve evidence and inspect premises (Article 60 UPCA, R. 194.2a RoP, R. 196 RoP, R. 197 RoP, R. 199 RoP).
Even an imminent infringement in Germany is sufficient to establish the local jurisdiction of the German Local Divisions (Article 32(1)(c) UPCA, Article 33(1)(a) UPCA).
In view of the circumstances of the case […] it is possible that the contested embodiments will be exhibited at IFA 2025 and that they will make use of the technical teaching of the patent in suit. The applicant, who is the owner of the patent application and has standing to sue, has provided a comprehensible explanation, based on an expert statement (Exhibit JD 10) and various product documents (Exhibits JD 7 to 8, Exhibits JD 11 to 14), as to why it assumes that all features of the patent application are realised in the contested embodiments.
The order was to be issued ex parte pursuant to R. 192.3, 197 RoP. Otherwise, there would be a demonstrable risk that evidence would be destroyed or would no longer be available for other reasons (R. 197.1 Alt. 2 RoP).
IPPT20250904, UPC CFI, LD Düsseldorf, Ecovacs Robotics v Roborock
