UPC-Court of First Instance: Procedural decision on inspection and preservation of evidence

The applicant requests an order for an inspection and preservation of evidence at the respondent’s exhibition booth during the EMO Hannover 2025 trade fair. Based on brochures, videos, technical drawings, and an expert report regarding comparable machines, the applicant has plausibly demonstrated why it believes that all features of the patent in suit are implemented. Since there was no reason to doubt the validity of the patent, an examination of this issue was unnecessary. The requested measures are a matter of urgency, particularly because access to the product was only possible at the trade fair. Given the risk that evidence could be lost through the removal of the product or software updates, the order was issued ex parte. The balance of interests favored the applicant; the respondent’s confidentiality interests are safeguarded by protective measures. An expert, assisted by a bailiff, was entrusted with conducting the inspection. Insofar as the applicant, in the alternative, requested authorization to seize the product to be examined at any other location in Germany, this request could not be granted either on grounds of specificity or on proportionality grounds(LD Düsseldorf, 22.9.2025, CFI 885/2025).