fiskaly v SwissBit (CFI, 15 July 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 13 July 2026 (UPC_CFI_1332/2026), the Düsseldorf Local Division (Presiding Judge Thomas, Judge Adocker as judge rapporteur, and Judge Schumacher) refused fiskaly, which obtained on 27 April 2026 an order for inspection and preservation of evidence against SwissBit under EP 4 285 308 B8, disclosure of the summary result of the expert’s detailed report of 15 June 2026 before a decision on the request for review of the inspection order, to be heard on 25 August 2026.

Question

May the applicant learn the expert’s summary conclusion on infringement while the lawfulness of the inspection is still disputed?

Decision

fiskaly’s two requests, one under Rule 9.1 RoP and the other under Rule 333 RoP seeking to amend the confidentiality order of 19 June 2026, are admissible but rejected. Should the inspection later be found unlawful, fiskaly would have wrongly obtained confidential information, which could not be undone. As the report rests on information collected during searches, even its summary result risks affecting SwissBit’s trade secrets. fiskaly does not show why conducting the proceedings requires knowing that result before the hearing. Conversely, SwissBit’s further request under Rule 262A RoP is granted: the passages of its submission of 9 July 2026 from which that result could be inferred are classified as confidential and restricted to fiskaly’s lawyers and patent attorneys until the decision on review, subject to a fine, other persons being excluded from the hearing on those points (Rule 115 RoP).

Key points for practice

• Practical point: until a request for review of an inspection is decided, the applicant should expect even the expert’s summary conclusion to remain restricted to its representatives.

Provisions applied

Agreement on a Unified Patent Court

Art. 58

Rules of Procedure

Rules 9.1, 115, 262A and 333

Related decisions

• fiskaly v SwissBit, 27 April 2026, order for inspection and preservation of evidence.
• fiskaly v SwissBit, 7 September 2026, decision on the request for review.

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.