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UPC APP 32933/2025

·EP3281580

Case details
Status
Action
Procedural application
Category
Case Management Orders
Parties
Claimants
Reps: Ralph Nack (Noerr Partnerschaftsgesellschaft mbB); Frank Meyer-Wildhagen (MFG Patentanwälte PartG mbB)
Respondents
Reps: Henrik Lehment (Hogan Lovells International LLP)
Division
Mannheim LD
Judges
Language
First decided
Jul 25, 2025
Decisions
  • 2025-07-25
    DismissedProcedural Order

    The Mannheim Local Division rejected Centripetal Limited's application for penalty payments against Palo Alto Networks for alleged non-compliance with the saisie (evidence preservation) order of 3 June 2025 (amended 9 July 2025) concerning EP 3 281 580. The Court found that Palo Alto was not obliged to provide access rights to its German branch office's sales-only staff beyond their ordinary duties, and was not required to bring hardware or increase employee access to the encrypted network security system. The premises to be inspected only contained sales and marketing personnel who had no access to the technical network system. Key holding: the inspection order does not compel a defendant to set up, bring or otherwise create access to items not ordinarily available at the inspected premises; it only requires passive toleration of inspection of what is already there.

    Legal issues:Penalty for non-compliance with saisie order (Art.60 UPCA)Scope of obligation under evidence preservation orderAccess rights at inspected premisesLimits of passive obligation to tolerate inspection
Documents
  • penalty%20saisie%20rejected_final_signed.pdf2025-07-25ENGLISH