2025-07-25 - LD Mannheim - Centripetal v. Palo Alto Networks - UPC_CFI_636/2025

1. Art. 60 (3) UPCA, R. 199 RoP and the rationale of R. 192.2(b) RoP demand that the scope of the inspection ordered is described in the court order as concrete as possible to guarantee that the interference with the rights of the Defendant is proportionate on the one hand and ensures the effective enforcement of the rights of the patent owner on the other hand as demanded by Art. 7 of the Enforcement Directive. 2. The premises to be inspected therefore have to be defined as precisely as possible in the order so as to further ensure that fundamental rights of the defendant according to Art. 8 ECHR, Art. 7 Charter of Fundamental Rights of the EU as well as national fundamental rights of the UPC-Contracting Member States are respected. 3. As the premises to be inspected are detailed in the order, the inspection may not be extended to other locations, which are not included in the order, unless such locations are only adjacent locations, which have a close and obvious connection to the location detailed in the order. By limiting the local extent of the inspection the order also limits the extent of the inspection in general. 4.The right to an inspection does not extend to procuring items, which are not located at the premises. 5. The inspection of digital systems is limited to the digital system as it is present at the place of the inspection. If the IT system to be inspected is not accessible on the premises in question during the course of ordinary business activities carried out at these premises, the inspection does not require the defendant to increase access rights beyond the level required for ordinary daily business activities. Also, it does not require a defendant to bring hardware components to the premises, which are not there.

Saisie, scope of inspection, IT system, access rights

The Mannheim Local Division rejected an application to impose a penalty payment because a futile inspection where the data was not directly available from the systems on the premises. The Court clarified the scope of an inspection order, in particular with regard to digital systems.