UPC APP 54055/2024

—·EP4238202B1

Case details: Status
—
Action
Ex parte review
Category
Other Procedural
Parties: Claimants
Hybridgenerator ApS
Reps: Mikkel Kleis; Lasse Rosenlund Lauridsen
Respondents
HGSystem ApS
Rune Eilertsen
Infotech Holding ApS
Infotech Concept ApS
HGSystem Holding ApS
Reps: Allan Christensen; Jacob Karstad Meyland
Division: Copenhagen LD
Judges: Peter Agergaard · Presiding judge (single judge)
Language: —
First decided: Dec 19, 2024

Decisions

2024-12-19
Ex parteRequest to review an order ex-parte
Order of the Copenhagen Local Division upholding (under Art. 60(6) UPCA and Rule 197 RoP) the ex-parte evidence preservation and inspection order of 26 August 2024 issued in favour of Hybridgenerator ApS against HGSystem ApS and associated entities concerning EP 4 238 202 B1. After review at the request of the respondents, the Court confirmed that there remained sufficient evidence of infringement of the patent by the challenged products, rejecting arguments that the products had been modified after the preservation proceedings commenced. The expert IT report is released to the parties' representatives.
Legal issues:Review of ex-parte evidence preservation order Rule 197.3 RoPStandard of proof for evidence preservation Art. 60 UPCAAlleged modification of infringing products post-preservation

Documents