OTEC Präzisionsfinish v STEROS GPA INNOVATIVE (CFI, 17 November 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 17 November 2025 (UPC_CFI_885/2025), the judge-rapporteur of the Düsseldorf Local Division released to OTEC Präzisionsfinish and its representatives the unredacted description prepared by the expert after the inspection carried out at STEROS GPA INNOVATIVE’s stand at the EMO trade fair in Hanover (EP 2 983 864). It shows the ordinary sequel to an inspection where the respondent asserts no confidentiality interest, and it restates the time limit for starting the main action.

Question

May the expert’s description and its annexes be disclosed to the applicant itself where the respondent, having been invited to do so, has asserted no confidentiality interest?

Decision

The respondent, invited to assert its interests by 13 November 2025, did not do so. The description and its annexes were therefore disclosed to the applicant and its representatives, and the confidentiality obligation in Section X of the order of 22 September 2025 was lifted as regards the applicant for the facts they contain. The order warns the applicant that the measures will be revoked or cease to have effect unless the main action is brought within 31 calendar days or 20 working days, whichever is longer, running from the upload of the order to the CMS (Art. 60(8) UPCA, Rules 198.1 and 199.2). The results may be used only in the main proceedings against the respondent (Rules 196.2 and 199.2).

Key points for practice

• A respondent’s silence when invited to claim confidentiality over the inspection report opens the way to full disclosure to the applicant itself.
• The time limit for the main action runs from the upload of the disclosure order and should be diarised from that moment.

Provisions applied

Agreement on a Unified Patent Court

Art. 60(8)

Rules of Procedure

Rules 194, 196, 197, 198.1 and 199

Case law cited

Progress Maschinen & Automation v AWM, Court of Appeal, 23 July 2024, OTEC v Steros, Düsseldorf Local Division, 12 May 2025 (UPC_CFI_260/2025)

Related decisions

• OTEC Präzisionsfinish v STEROS GPA INNOVATIVE, 22 September 2025, order granting inspection and preservation of evidence.

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.