New Perspectives On Evidence In Patent Infringement Suits

Before the recent reform of the German Procedural Code (Zivilprozessordnung - ZPO) taking effect as of January 2002, it was nearly impossible to get from a German civil court an order for the inspection of documents of the opposing party. This was the case even if a certain probability was given that such documents would help with the factual clarification of the case. Following a German legal tradition as to the submission of evidence, each party presents all facts that are necessary to support its case. It was the court's duty then to decide judicially on the basis of the facts submitted.