2025-05-15 - CD Milan - Maschio Gaspardo v. Spiridonakis Bros GP - UPC_CFI_513/2024

Article 53(f) of the UPCA allows the Court to perceive the functionality of the embodiments (patented and attacked) and comprises all activities detailed in Articles 170(1)(c) and 170(2)(f) and (g) of the Rules of Procedure, and therefore, not only inspections. According to Article 53(f) UPCA, the Court may compare the objects of the proceedings (i.e., the patented and attacked objects) by viewing their dynamic functionality. If a party offers to exhibit the object in accordance with Rule 170.1(c) and submits a video of its operation to the court in accordance with Rule 170.1(d), the court may also order dynamic experiments and comparative tests based on the principle established in Article 53(f) UPCA.

The Milan Central Division ordered an inspection of embodiments as part of the oral hearing, stating that the Court needed to be able to perceive their functionality.