2026-07-13 - LD Düsseldorf - fiskaly v. Swissbit et al. - UPC-CFI-0001332/2026

Was ist diese UPC-Entscheidung?

Zusammenfassung: In an evidence-preservation and inspection (saisie) matter concerning EP 4 285 308 B8, the Düsseldorf Local Division refused the applicant fiskaly early access to the 'summary infringement result' (page 32, para. 68) of the court expert's detailed description, and granted the respondents' competing confidentiality application. The Court held all three applications formally admissible — fiskaly's R. 9.1 RoP request as a procedural measure, its R. 333 RoP request as an admissible review of the confidentiality order of 19 June 2026 aimed at an amended order under R. 333.4 RoP, and the respondents' R. 262A RoP request as adequately justified under R. 262A.2 RoP. On the merits it rejected fiskaly's requests: because the respondents' application to review the lawfulness of the inspection/evidence-preservation order of 27 April 2026 was still pending (oral hearing set for 25 August 2026), premature disclosure risked irreversibly giving the applicant confidential information — including trade secrets, given that the expert's description rests on material seized in house searches — that could not be 'unlearned' if the inspection were later held unlawful, and fiskaly had shown no countervailing interest in earlier access for case management. It granted the respondents' R. 262A application, classifying the identified passages (paras 3, 5, 6, 10, 11, 14) as confidential under Art. 58 UPCA / R. 262A.1 RoP, restricting access to the applicant's representatives until the review decision, imposing confidentiality-club obligations and a penalty for breach, and excluding non-admitted persons from the oral hearing under R. 115 RoP.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC-CFI-0001332/2026