UPC APP 52022/2024

—·EP3198245: A SYSTEM AND METHOD FOR MONITORING FOOD WASTE

Case details: Status
—
Action
Procedural application
Category
Other Procedural
Parties: Claimants
Winnow Solutions Limited
Reps: Gregory Bacon
Respondents
Orbisk B.V.
Reps: Roeland Grijpink
Division: The Hague LD
Judges: Edger Brinkman · Presiding Judge and Rapporteur
Technology: Computing & AI
Language: —
First decided: Oct 14, 2024

Decisions

2024-10-14
EvidenceGeneric application
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.
Legal issues:Order to produce evidence (R. 190 RoP / Art. 59 UPCA)Prima facie case of infringement as thresholdProportionality and scope of evidence production orderPresumption of validity based on EPO grant

Documents