UPC Local Division: Substantiation

If a party believes that a technical argument must be supported by a private expert opinion, that party must present the technical argument to the Court in a concise and comprehensible manner. Merely referring to a party’s expert report, or copying it verbatim into the submissions, is insufficient. In particular, the technical arguments must be focused and precise for the Court, in order to meet the ambitious deadlines imposed by law. This applies to the main action and, even more so, to proceedings for preliminary measures (Local Division Düsseldorf, 6 September 2024, Court of First Instance 165/2024).