2024-06-06 - LD The Hague - Plant-e Knowledge v. Arkyne Technologies - UPC_CFI_239/2023
- Aktenzeichen:
- UPC_CFI_239/2023
- Datum:
- Spruchkörper:
- Court of First Instance - The Hague (NL) Local Division
- Art:
- Order
- Parteien:
- Plant-e Knowledge B.V., Plant-e B.V. v. Arkyne Technologies S.L.
Kernaussage: The judge-rapporteur of The Hague Local Division recorded the decisions of the interim conference in an infringement action and the revocation counterclaim.
2024-06-06 - LD The Hague - Plant-e Knowledge
v.
Arkyne Technologies - UPC_CFI_239/2023
notable
The judge-rapporteur of The Hague Local Division recorded the decisions of the interim conference in an infringement action and the revocation counterclaim. The central ruling is that the defendant must make two complete specimens of the allegedly infringing product available to the claimants for inspection and testing, and that this can be ordered directly under Rules 103, 104 and 105.4 RoP as part of the interim conference, so that a separate order under Rule 190 RoP was not necessary. Because the specimens were said to embody confidential know-how, the Court held that at this stage the assertion of confidentiality must be taken as true and extended the confidentiality club and penalty regime of an earlier order to the specimens and to any information obtained from testing them. The claimants' request under Rule 104(g) RoP for a separate hearing of the defendant's experts and of the authors of a test report before the oral hearing was dismissed, and the Court fixed the value of the action at EUR 500,000 and of the counterclaim at EUR 700,000.