Oerlikon Textile v Bhagat Textile Engineers (CFI, 6 June 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By a procedural order of 6 June 2024 (UPC_CFI_241/2023, ACT_549585/2023, ORD_598364/2023) the judge-rapporteur of the Milan Local Division, Alima Zana, in Oerlikon Textile GmbH & Co KG’s infringement action on EP 2 145 848 against Bhagat Textile Engineers, gave the parties access to the expert report resulting from the evidence preservation carried out at the ITMA fair in Rho in June 2023, refused an information order for the time being and set the value of the dispute provisionally at EUR 750,000.

Question

May the results of an evidence preservation measure that has become final be disclosed to the parties in the main action, and is an information order on sales warranted where there is no evidence of marketing?

Decision

As the defendant did not request review of the preservation order within the Rule 197.3 RoP period, that order is final (paragraph 1.2). No confidential information having been identified, access to the report and the seized material is granted to both parties, for use confined to the main proceedings between them (Rules 196.2 and 199 RoP) (paragraphs 1.1, 1.3 and 1.4). The information order on distribution channels and sales was deferred to any proceedings for the determination of damages: the defendant stated that it had sold nothing and no evidence to the contrary was produced, so the measure was not necessary in light of the principle of proportionality (paragraph 2). The value of the dispute was set provisionally at EUR 750,000 under the Rule 370.6 RoP criteria, taking into account a single four-day display at a trade fair (paragraph 3).

Key points for practice

• Practical point: absent a request for review within the Rule 197.3 RoP period, the preservation order becomes final and its results enter the main proceedings, an information order may be deferred until a sale is shown.

Provisions applied

Agreement on a Unified Patent Court

Arts. 60 and 69(3)

Rules of Procedure

Rules 192 et seq., 196.2, 197.3, 199, 262A, 333 and 370.6

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.