ARTICLE
5 August 2025

LD Mannheim, July 25, 2025, Procedural Order On Enforcement Of Saisie Order, UPC_CFI_636/2025

BP
Bardehle Pagenberg

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
Saisie Order is Limited to Systems and Evidence Physically Available at Designated Premises...
Germany Intellectual Property

1. Key takeaways

Saisie Order is Limited to Systems and Evidence Physically Available at Designated Premises

The inspection may only cover what is physically present at the premises explicitly named in the court order. A defendant is not obliged to grant access to systems or data stored outside the specified premises, nor to coordinate with personnel or infrastructure located outside UPC Member States. A defendant must only passively tolerate the inspection (e.g., unlocking doors, providing passwords), but is not required to actively set up a technical environment that does not already exist. The claimant bears the risk of incorrectly identifying the inspected entity or premises. Here, the premises belonged to a German sales subsidiary, not the U.S.-based parent company, and had no technical systems to inspect.


Because the requested systems and documentation were not present at the designated location, and no legal obligation existed to make them available, no breach of the order occurred, and the penalty request was dismissed.

2. Division

LD Mannheim

3. UPC number

UPC_CFI_636/2025

4. Type of proceedings

Infingement action / Application for Penalty Payment (following a Saisie Order)

5. Parties

Applicant:

Centripetal Limited

Defendant:

Palo Alto Networks, Inc.

6. Patent(s)

EP 3 281 580

7. Body of legislation / Rules

Art. 60 (3) UPCA, Rule 199 RoP, Rule 192.2(b) RoP

self

UPC_CFI_636-2025

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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