Agenda

Obtaining evidence relating to manufacturing processes, proprietary technical systems, AI models and confidential know-how is often critical to proving infringement in patent disputes across the life science and technology sectors. Yet the very evidence needed to establish infringement is often commercially sensitive, requiring courts to balance effective evidence-gathering measures against the protection of trade secrets, licensing terms and other confidential materials. This cross-sector session explores evolving approaches to confidentiality, inspections and evidence gathering across the UPC, Germany, France, the UK and the U.S., providing expert insights into disputes where access to non-public information is key to infringement analysis.  

- Compare how the UPC, Germany, France, the UK and the U.S. approach inspections, disclosure obligations and evidence preservation in disputes involving non-public technical information. 

- Examine the UPC's developing practice on inspections and evidence preservation orders, including the use of saisie-style measures in process patent and manufacturing disputes. 

- Assess how courts are balancing access to critical evidence against the protection of trade secrets, licensing terms and other commercially sensitive information. 

- Address the UPC Court of Appeal's evolving confidentiality framework, including the application of Rule 262A following decisions such as Insulet v EOFlow and Strabag v Swarco. 

- Evaluate evidence-gathering strategies for manufacturing processes, proprietary technical systems, AI models and other technologies where infringement may be hard to establish without non-public information.