Overview · Filed: —
UPC_CoA_239/2025
METHODS AND SYSTEMS FOR EFFICIENT NETWORK PROTECTION
AppealsMain AppealCourt of AppealAppeal RoP220.1—
This case cites
Authorities cited within the decisions on file for this case.
courtName.other · 5
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 60(8) | procedural | Binding | order to prevent the defendant from being harmed by an order for a provisional or protective measure that is revoked at a later date pursuant to Art. 62(5), Art. 60(8) UPCA, R. 198 or R. 213 RoP. 2. Furthermore, the purpose of an application for |
| 60 | procedural | Binding | rits. If the same standard of proof were applied to an application for preservation of evidence as to an action on the merits, the procedure established under Art. 60 UPCA would lose much of its practical utility. The requirement under Art. 60(1) U |
| 60(1) | infringement | Binding | vation of evidence as to an action on the merits, the procedure established under Art. 60 UPCA would lose much of its practical utility. The requirement under Art. 60(1) UPCA to provide reasonably available evidence to support the claim that the pa |
| 60 | infringement | Binding | er, is generally not sufficient to justify an order to preserve evidence. To prevent so-called ‘fishing expeditions’ for evidence that would have no basis in Art. 60 UPCA, such an order, as a general rule, requires that it is plausible that the pa |
| Directive 2004/48/EC (Enforcement Directive) | infringement | Binding | ference and abuse, in particular where they are ordered without the defendant having been heard. 2 5. On the other hand, it is clear from recital 20 of Directive 2004/48, that evidence is an element of paramount importance for establishing t |
UPC Court of Appeal · 2
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| UPC_CoA_239/2025 | procedural | Binding | [FIRST PAGES] 1 Reference numbers: APL_13242/2025 UPC_CoA_239/2025 Order of the Court of Appeal of the Unified Patent Court concerning an application for preserving evidence and inspecting premises issued on 28 M |
| UPC_CoA_13242/2025 | procedural | Background | [FIRST PAGES] 1 Reference numbers: APL_13242/2025 UPC_CoA_239/2025 Order of the Court of Appeal of the Unified Patent Court concerning an application for preserving evidence and inspecting premis |
Rules of Procedure · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 213 | procedural | Binding | ndant from being harmed by an order for a provisional or protective measure that is revoked at a later date pursuant to Art. 62(5), Art. 60(8) UPCA, R. 198 or R. 213 RoP. 2. Furthermore, the purpose of an application for preservation of evidence |
Court of Justice EU · 1
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| EU Charter of Fundamental Rights | infringement | Binding | emises may interfere with the defendant’s fundamental right to respect for private life, home and communications, as guaranteed, inter alia, by Art. 7 of the Charter of Fundamental Rights of the European Union. Such measures must therefore be acco |
Cited by
Subsequent UPC decisions citing this case.
| Cited in | Date | Legal point | Strength | Excerpt |
|---|---|---|---|---|
| UPC_CoA_239/2025 Court of Appeal | May 28, 2025 | procedural | Binding | [FIRST PAGES] 1 Reference numbers: APL_13242/2025 UPC_CoA_239/2025 Order of the Court of Appeal of the Unified Patent Court concerning an application for preserving evidence and inspecting premises issued on 28 M |
| UPC_APP_32933/2025 Mannheim LD | Jul 25, 2025 | jurisdiction | Binding | Upon appeal the CoA (order of 28 May 2025, APL_13242/2025, UPC_CoA_239/2025) accepted the application in a modified version allowing the Applicant to carry out monitoring |
| UPC_APP_32933/2025 Mannheim LD | Jul 25, 2025 | jurisdiction | Binding | cf. CoA, Order of 28 May 2025, APL_13242/2025, UPC_CoA_239/2025, paras. 19 et seqq. |