2024-12-19 - CoA - Sumi Agro v. Syngenta - UPC_CoA_523/2024

1. A party has submitted new evidence in the appeal proceedings. In view of the fact that the party had submitted other pages from the same publication in the proceedings before the Court of First Instance, the Court of Appeal considers that the party has not justified that additional pages from the same publication could not reasonably have been made during the proceedings before the Court of First Instance. The evidence will thus be disregarded by the Court of Appeal. 2. Evidence relating to a possible new version of a contested embodiment, following statements made by the alleged infringer that a product ingredient has been changed, will be regarded in view of explanations on when and why samples of the product were purchased and analysed.

The Court of Appeal decided on new evidence submitted in the appeal proceedings. Some of the evidence was disregarded as it could have been submitted in first instance, other evidence was regarded because it could not have been submitted earlier.