UPC Clarifies admissibility of late filed physical evidence

In a recent decision by the Local Division Munich of the Unified Patent Court (UPC), the Court issued an Order addressing the submission of physical evidence in a patent dispute involving Collomix GmbH and Lidl entities.

Collomix GmbH alleged that Lidl Digital Deutschland GmbH & Co KG and its affiliates infringed its patent by offering and distributing the contested product, PARKSIDE® water dosing device. To substantiate its claims, Collomix submitted a physical copy of the product, including original packaging, operating instructions, and a suitable screwdriver, approximately one month after filing the action.

The defendants argued that procedural rules required all evidence to be filed together with the statement of claim and not later. They contended that the late submission of physical evidence violated Rule 171.1 of the UPC Rules of Procedure.

The Court ruled that Collomix's application to submit the physical evidence of the "PARKSIDE® water dosing device" was justified under Rule 172.2 of the UPC Rules of Procedure, which allows the Court to Order the production of evidence at any stage of proceedings, provided it is in the party's possession. The judge-rapporteur emphasized that the Rules of Procedure do not impose an absolute requirement for evidence to be presented exclusively with the initial statement of claim but instead, the Court at any stage of the proceedings may order a party alleging a fact to produce evidence within its control.