2026-08-04 - LD Düsseldorf - Veridium IP v. T3K-Forensics - UPC-CFI-0002738/2026

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Düsseldorf Local Division ordered, without hearing the defendants, inspection and preservation of evidence concerning a fingerprint-recognition software development kit at the premises of an Austrian company and its German sister company, ahead of an infringement action on a unitary patent. The applicant plausibly showed possible infringement from public sources while showing that one feature could only be verified through the source code, which a competitor cannot otherwise access. Following the Court of Appeal, the panel held that the PI-specific requirement not to delay unreasonably (R. 211.4 RoP) does not apply to evidence preservation, and that validity is examined only where there are clear indications against it. The ex parte character was justified by the risk that the source code could be altered undetectably; the Court turned the applicant's open list of items into an exhaustive catalogue for definiteness and proportionality, and required security under R. 196.6 RoP as the statutory rule for ex parte orders.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC-CFI-0002738/2026