2026-07-29 - LD Milan - Prinoth v. Xelom - UPC_CFI_703/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: At the interim-conference stage of an infringement action the Milan Local Division partly granted and partly refused the claimant's applications for further evidence under R. 170, R. 190 and R. 201 RoP. It ordered an inspection of the seized object and a judicial experiment, holding that a measure refused in the earlier ex parte R. 192 RoP order as too invasive is not thereby excluded at the merits stage, and that the cost and the practical difficulty of a measure do not defeat its necessity and proportionality. It ordered production of the control software and, in any event, the taking of a copy of the source code, because only the software discloses the functional logic corresponding to the claim feature in dispute; trade secrets are protected by a phased regime under R. 262A RoP — voluntarily supplied technical documentation first, the source code kept sealed at the Registry and examined only if that documentation cannot answer the expert question, and access then limited to the fraction of the code the experts select. It refused a further request for general technical documentation as too broad and general, and refused production of commercial documentation because it goes only to a possible later quantum phase. Applying the front-loaded principle and R. 30.1(c) RoP, it invited the proprietor to reduce its auxiliary requests and the challenger to cap its novelty and inventive-step attacks, and invited both sides to argue inventive step under the UPC approach in addition to the problem-solution approach.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC_CFI_703/2025