IQIP v TMS Technical & Maritime Supplies (CFI, UPC_CFI_721/2025, 29 April 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 29 April 2026 in the infringement action UPC_CFI_721/2025 and the counterclaim UPC_CFI_1695/2025, the judge-rapporteur of The Hague Local Division partly grants TMS’s request for production of evidence under Rule 190 RoP. IQIP Holding and IQIP B.V. must produce the technical documentation of the plugs used in 2008 on the Rhyl Flats and Gunfleet Sands projects, relied on as public prior use against EP 2 148 123, under a confidentiality regime. Commercial documents are refused: the order shows the proportionality review applied to an overly broad request.

Question

To what extent must the patentee and a third-party group company produce evidence relating to a prior use alleged by the defendant?

Decision

The judge sets out the cumulative conditions of Article 59(1) UPCA and Rule 190.1 RoP (paragraphs 6 and 7). Since IQIP did not dispute TMS’s entitlement to the technical documents, their production, limited to seven listed features, is held proportionate and ordered within two weeks, with leave to redact matters unrelated to the prior use (paragraphs 8 and 12). Documents whose existence or possession is disputed are excluded for lack of contrary evidence, and invoices or contracts become unnecessary since IQIP does not dispute delivery before the priority date (paragraphs 9, 10 and 22). The confidentiality regime proposed by IQIP, which was not contested, is ordered (paragraph 11), and an exchange of pleadings limited to the prior use is scheduled.

Key points for practice

• Practical point: a production request targeted at the technical features in dispute is more likely to succeed than one that also covers commercial documents, especially where the opponent does not dispute the delivery date.

Provisions applied

Agreement on a Unified Patent Court

Arts 41(3), 42 and 59(1)

Rules of Procedure

Rules 190.1, 190.7, 262 and 262A

Directive 2004/48/EC

Art. 3

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.