UPC APP 601/2024

—·EP2265793: SUBSEA TEST APPARATUS, ASSEMBLY AND METHOD

Case details: Status
—
Action
Ex parte review
Category
Other Procedural
Parties: Claimants
C-KORE SYSTEMS LIMITED
Reps: Denis Schertenleib
Respondents
Novawell
Reps: Jérôme Ferrando
Division: Paris LD
Judges: Camille Lignieres · Presiding judge and Judge-rapporteur
Carine Gillet · Legally qualified judge
Petri Rinkinen · Legally qualified judge
Language: —
First decided: Mar 1, 2024

Decisions

2024-03-01
DismissedEx parteRequest to review an order ex-parte
Paris Local Division (1 March 2024) dismissed Novawell's application to review and revoke the ex parte saisie (preservation of evidence) order issued on 14 November 2023 against C-KORE Systems Limited. The court upheld the saisie carried out by an expert assisted by a bailiff as lawful under French law and R. 196.5 RoP, held the 30-day review period ran from the bailiff's closing minute, and confirmed sufficient evidence of infringement existed at the time of the original order.
Legal issues:Review of ex parte saisie (R. 197.3 RoP)Starting point of 30-day review periodCompliance with French law (Art. L615-5 CPI)Expert + bailiff model under R. 196.5 RoPEvidence of infringement standard

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