02/27/2024
The United Patent Court grants patentees the liberty to preserve evidence of infringement, popularly known as 'saisie contrefacon' in France. In a recent case C-KORE v Novawell, the plaintiff (C-KORE) has been successful in obtaining an evidence preservation order upon providing substantive evidence of infringement. The purpose of this order was to secure evidence of infringement of the other claims of the target patent.
To avail of this grant, applicants must provide first evidence of infringement, issue an ex parte examination, and elucidate the existence of a risk that the evidence disappears. However, it is interesting to note that UPC has provisions for collecting evidence directly from the defendant’s products/systems, and we now have a few orders that have made use of these provisions. For process/method type patent claims, wherein demonstrating accurate infringement may require the collection of real-time evidence, the UPC provisions of ‘preservation orders’ may be a useful tool for the plaintiff.
Lumenci has significant experience in establishing infringement evidence within protective-order (PO) work in the US, and we are poised to replicate our engagement model for UPC matters.
Talk to our experts: https://www.lumenci.com/contact
Read more about this UPC update here: https://www.lexology.com/library/detail.aspx?g=ed22e69d-6455-45ab-b40a-b63f47982ba3
The granting of these measures is not automatic, and the applicant must provide first evidence of infringement, motivate an ex parte examination of…
