UPC CFI 1695/2025
—·EP2148123: Closure element for a pipe
- Case details
- Status—ActionInfringementCategoryMain Infringement Action
- Parties
- RespondentsReps: Wim Maas
- Division
- —
- Judges
- Edger Brinkman · presiding
- Edger Brinkman · rapporteur
- Language
- —
- First decided
- Apr 29, 2026
- 2026-04-29Procedural onlyProceduralInfringement Action
The Court partially granted the defendants' R. 190 RoP request for production of evidence (technical specification documents, plug specifications, instructions for use, photos, towing plans, and project reports relating to the Prior Plug for the 2008 Rhyl Flats and Gunfleet Sands Projects). The request was found to be overly broad and was limited: parts seeking documents that do not exist or are not in IQIP's possession were excluded, and parts seeking timing documents were denied as IQIP had conceded the plugs were delivered before the priority date. Confidentiality conditions were imposed on the produced documents.
Legal issues:Production of evidence under R. 190 RoP / Article 59 UPCAPublic prior use defenceProportionality, equity and fairness of evidence production ordersProtection of confidential information in evidence productionScope and specification of evidence requested
- 20260430%20R.%20190%20order%20IQIP%20v%20TMS%20UPC_CFI_721-2025%20UPC_CFI_0001695-2025.pdf2026-04-29EN
IQIP has presented reasonably available evidence to support its claim of public prior use sufficient to meet the threshold for an evidence production order
RespondentLegal basis: R. 190(1) RoP / Article 59(1) UPCADocuments that IQIP stated do not exist or are not in its possession (invoices, signed order agreements, tender documents, contracts) should be excluded from the production order
ClaimantLegal basis: R. 190(1) RoPRequests for documents showing timing of plug delivery are unnecessary because IQIP conceded the plugs were delivered before the priority date, making a production order disproportionate
ClaimantLegal basis: Articles 41(3) and 42 UPCA; Article 3 Enforcement Directive (proportionality)Confidential information contained in produced documents should be subject to a strict confidentiality regime with limited access
ClaimantLegal basis: R. 190(1) RoP; R. 262 / R. 262A RoP
The full scope of the production request (including timing documents and documents on delivery before the priority date) should be granted as submitted
RespondentLegal basis: R. 190 RoP / Article 59 UPCA