2026-05-11 - LD The Hague - Avient Protective Materials v. Xingi Technology et al. - UPC_CFI_478/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Hague Local Division (judge-rapporteur, sole judge under R. 351.1(c) RoP) partially grants Avient's R. 190 RoP application for production of evidence in a UHMWPE ballistic-yarn infringement action against two Chinese Xingi entities (EP 2 791 402, ballistic panel claims 13–15). The judge applies the now-settled four-condition R. 190 RoP framework (plausible reasonably-available evidence; specified evidence in the other party's control; protection of confidential information; necessity, proportionality, equity and fairness), citing the LD Hague's Winnow v Orbisk framework as confirmed and developed by the CoA in Oppo v Panasonic. On infringement the rapporteur finds a prima facie case of infringement of claims 13–15 (sufficient for R. 190 RoP, not pre-judging the merits); on validity the patent benefits from a presumption following grant by the EPO, and no clear-cut invalidity is apparent. Applying proportionality, the rapporteur cuts down the sample request to one hard-ballistic and one soft-ballistic variant of UD Fabric (J300_120H_2UD and J300_130S_4UD, 30 kg each) — declining six variants on the principle that, in infringement, establishing infringement with one product generally suffices. The internal ballistic test data is denied because it was generated under different conditions and is not necessary to resolve the issues in dispute. The English versions of the Introduction Video must be produced to substantiate offering acts in UPC territory; the related internal communications are denied as unnecessary and disproportionate. A EUR 1,000/day non-compliance penalty is imposed and R. 190.7 RoP adverse inferences are reserved.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC_CFI_478/2025