- Case details
- Status—ActionProcedural applicationCategoryOther procedural
- Parties
- Division
- The Hague LD
- Judges
- Technology
- InstrumentsMeasurement
- Language
- —
- First decided
- Oct 14, 2024
| Median days to first decision | |
|---|---|
| All UPC | 124 |
| The Hague LD | Locked |
| Judge Edger Brinkman | Locked |
At the UPC: Winnow Solutions Limited (4 cases)·Orbisk B.V. (4 cases)
This dispute contains 3 other proceedings
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More cases: The Hague LD·2024
- 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
- 8978289F4117E1A0970161FCCE39676B_en.pdf2024-10-14EN