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UPC APP 52022/2024

EP3198245 · A SYSTEM AND METHOD FOR MONITORING FOOD WASTE

Case details
Status
—
Action
Procedural application
Category
Other procedural
Parties
Claimants
Representatives
Respondents
Representatives
Division
The Hague LD
Technology
  • Instruments
    Measurement
Language
—
First decided
Oct 14, 2024
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How long the court takes to reach a first decision.
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All UPC124
The Hague LDLocked
Judge Edger BrinkmanLocked

At the UPC: Winnow Solutions Limited (4 cases)·Orbisk B.V. (4 cases)

Decisions
  • 2024-10-14

    Summary: The Hague Local Division (judge-rapporteur Brinkman) partially granted Winnow Solutions Limited's request under R. 190 RoP to order Orbisk B.V. to produce evidence (specific documents relating to its food waste monitoring product 'Orbi') in infringement proceedings concerning EP 3 198 245. The court found a prima facie case of infringement and that Winnow had presented reasonably available evidence; however, the request was too broad and was limited. Arguments on non-infringement and invalidity were reserved for full panel assessment. Orbisk's requests for a stay of the R.190 decision and for access restrictions were addressed in the order.

    Show the legal issues (4)
    • Order to produce evidence (R. 190 RoP / Art. 59 UPCA)
    • Prima facie case of infringement as threshold
    • Proportionality and scope of evidence production order
    • Presumption of validity based on EPO grant
Documents
  • 8978289F4117E1A0970161FCCE39676B_en.pdf2024-10-14EN