UPC CFI 813/2024

At the UPC: TIRU SAS (18 cases)·MAGUIN SAS (9 cases)

• 2025-03-24
  Request to review an order ex-partePublic

  Summary: The Paris Local Division rejected MAGUIN SAS's application to revoke the ex-parte evidence preservation order (saisie) issued on 23 December 2024 in favour of TIRU. The Court found that TIRU had adequately demonstrated the risk of evidence becoming unavailable, that the simultaneous execution of evidence preservation measures at both MAGUIN's and VALINEA's premises was justified by the principle of effectiveness, and that there was no unreasonable delay. The saisie order against MAGUIN was maintained.

  Show the legal issues (5)

  • Review of ex-parte saisie order under R.197.4 RoP
  • Risk of evidence loss
  • Urgency
  • Simultaneous execution of evidence preservation measures
  • Effectiveness principle
• 2024-12-23
  Application for an Order for inspection pursuant to RoP199Public

  Summary: Paris Local Division granted TIRU's application for an order for evidence preservation and inspection of premises (saisie) against MAGUIN under R.192-199 RoP, without hearing the defendant. The court authorised a bailiff-assisted inspection to preserve evidence relating to a furnace allegedly infringing patent EP3178578. The order was conditional on TIRU paying costs and lodging a €10,000 guarantee before 31 December 2024. Measures to be executed by 17 January 2025.

  Show the legal issues (4)

  • Evidence preservation and inspection order (R.192-199 RoP)
  • Ex parte application for saisie
  • Urgency assessment
  • Guarantee requirement for evidence preservation order