Ecovacs Robotics v Roborock (HK) (CFI, 19 December 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 19 December 2025 (UPC_CFI_834/2025), the Düsseldorf Local Division, on Roborock (HK)’s request for review under Rule 197.3 RoP, revoked in full and with retroactive effect the ex parte order for inspection and preservation of evidence granted to Ecovacs Robotics on 4 September 2025 under EP 3 808 512 B1 and executed at Roborock’s booth at the IFA 2025 trade fair. The applicant had presented the fair as the only way of proving acts by the defendant itself, while omitting its direct sales on Amazon in Germany, mentioned in its own action on the merits.

Question

Can an ex parte order obtained on an incomplete and misleading presentation of the facts be partly upheld on review?

Decision

Applying the four-step review developed by the Brussels Local Division, the division holds that the application had to be read on its own, regardless of the action on the merits, and that it suggested Roborock (HK) sold only through its European subsidiaries (paragraphs 34 to 44). Had it known of the direct Amazon sales, it would not have granted the order: a test purchase, a less intrusive measure, sufficed, and inspection is not meant to secure the « best » evidence on top of evidence already held (paragraphs 45 to 47). A breach of Rule 192.3 RoP going to the core facts rules out partial maintenance (paragraphs 37 and 51). The order revokes the order, except the confidentiality obligations and the related penalty payments, and makes Ecovacs bear the costs of the inspection.

Key points for practice

• Candour is assessed against the application alone. A reference to the parallel action on the merits does not cure an omission (paragraph 41).
• Practical point: an applicant for ex parte inspection must disclose all available routes to evidence, in particular the defendant’s online sales, or risk full revocation of the order and bearing its costs.

Provisions applied

Agreement on a Unified Patent Court

Art. 60

Rules of Procedure

Rules 192.3, 194 and 197.3

Case law cited

Genentech v Organon, Brussels Local Division, 12 November 2025 (UPC_CFI_407/2025 and UPC_CFI_408/2025).

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.