Hybridgenerator v HGSystem (CFI, 3 March 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 3 March 2025 (UPC_CFI_492/2024, ACT_47484/2024, ORD_10371/2025), the single judge of the Copenhagen Local Division (P. Agergaard), acting in the aftermath of an ex parte order to preserve evidence made on 26 August 2024 for Hybridgenerator against HGSystem and other companies in respect of EP 4 238 202, allowed the seized CAD files to be released to the applicant’s representatives under a duty of confidentiality, and declined for the time being to enforce the penalty payment ordered on 4 September 2024.

Question

May files seized but left out of the expert’s report be released to the applicant, and should the penalty payment ordered to obtain the access codes be enforced?

Decision

Art. 60(1) and (2) UPCA allows detailed description and seizure of relevant material to be ordered before any action on the merits, subject to protection of confidential information. The CAD files had been copied but left out of the report, most likely because they did not contain the agreed search terms. The rules on preservation of evidence do not bar further review of secured material, and the files may bear on the alleged infringement. They are therefore released to the applicant’s representatives, bound to confidentiality, as the expert’s supplementary report will be. The access codes for the seized computer having finally been provided, the penalty of EUR 5,000 per day is not enforced for now. The extra cost caused by the delay may be taken into account in costs. The expert’s comments disclose no partiality. Costs are reserved for the merits.

Key points for practice

• Practical point: seized material that the expert left aside under the search terms remains usable and may be released to the applicant’s representatives under confidentiality.

Provisions applied

Agreement on a Unified Patent Court

Arts. 58, 60(1) and (2) and 73

Rules of Procedure

Rules 194.3, 196.1, 197.3 and 220

Case law cited

No UPC decision is cited.

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.