LD Munich, May 28, 2025, Order, UPC_CFI_63/2025

1. Key takeaways

Ex parte evidence preservation and inspection orders may be granted if the applicant provides sufficient evidence of likely infringement (Art. 60 UPCA, Rules 192, 197.3 RoP).

The court will grant such orders without hearing the defendant if the applicant submits all reasonably available evidence supporting a likelihood of patent infringement or threat thereof.

The review of ex parte orders is strictly limited to the justification at the time of issuance (Rule 197.3 RoP).

New facts or arguments presented during the review are not considered unless they relate to the original evidentiary basis. An oral hearing is held to ensure the defendant's right to be heard.