2026-04-29 - LD The Hague - IQIP Holding v. TMS Technical & Maritime Supplies et al. - UPC-CFI-0001695/2025
- Aktenzeichen:
- UPC-CFI-0001695/2025
- Datum:
- Spruchkörper:
- Court of First Instance - The Hague (NL) Local Division
- Art:
- Order
- Parteien:
- IQIP Holding B.V. v. TMS Technical & Maritime Supplies B.V.
Kernaussage: The Hague Local Division (Brinkman as presiding judge and rapporteur) partially grants TMS's R.
2026-04-29 - LD The Hague - IQIP Holding
v.
TMS Technical & Maritime Supplies et al. - UPC-CFI-0001695/2025
notable
The Hague Local Division (Brinkman as presiding judge and rapporteur) partially grants TMS's R. 190 RoP application for production of evidence from claimant IQIP Holding and its subsidiary IQIP B.V. (joined as third party) in an infringement action concerning EP 2 148 123 (offshore monopile towing plug). The defendant TMS asserts public prior use of plugs with all claim features in the 2008 Rhyl Flats and Gunfleet Sands offshore wind projects, supplied by IHC Handling Systems (the predecessor of IQIP B.V.). Applying the standard four-condition R. 190 RoP framework (reasonably-available evidence in support; specified evidence in the other party's control; protection of confidentiality; proportionality / equity / fairness — Art. 59(1) UPCA, Art. 41(3), 42 UPCA, Art. 3 Enforcement Directive), the Court orders production of the technical specification documents, plug specifications, instructions for use, photos, towing plans and project reports for both 2008 projects within two weeks. The request for invoices, order agreements, tender documents and contracts (timing evidence) is denied: IQIP indicated these documents either do not exist or are not in its possession and — crucially — IQIP conceded that the plugs were delivered before the priority date of the patent (24 July 2008), so there is no further interest in obtaining timing evidence. A consensus confidentiality regime is ordered: access restricted to TMS's authorised representatives, external technical experts and at most two named natural persons; confidentiality obligations survive termination; destruction/return of documents three months after termination; per-breach penalty payment of €100,000. IQIP may redact information unrelated to the public prior use. Procedural follow-up: four weeks after document receipt, TMS may file a pleading limited to public prior use; IQIP may reply four weeks later. Documents need not be uploaded to CMS unless relied upon; any later confidentiality applications may follow R. 262 / R. 262A RoP. R. 190.7 RoP adverse-inference clause reserved.