UPC Local Division: Inspection and Preservation of Evidence Request

The applicant requests that they be permitted to take a measurement on a machine exhibited at a trade fair. Based on the information available to them so far, the applicant has plausibly demonstrated why they assume that all features of the independent patent claim of the application patent are realized. The applicant has plausibly explained the reasons why, due to the specific conditions in the relevant market, no other options are available to them to collect evidence of the infringement of the application patent by the exhibited products, which is why they are dependent on an examination of the products exhibited at the trade fair to preserve evidence. The request will be granted to accommodate the applicant's overriding interests in this regard. The order provides for an expert to be appointed to carry out the measures. To assist the expert in carrying out the preservation of evidence, the Chamber has made use of the possibility of ordering assistance from a bailiff (LK Düsseldorf 26. 3. 2025, CFI 260/2025).