Regarding the gathering of evidence in French and foreign territories, the Paris Court of Appeal affirmed the appealed decision and acceded to defendant’s reasoning in ruling that (i) the ‘saisie-contrefaçon’ carried out on French territory on the basis of two patents was not deprived of its valid basis by the revocation of one of said patents, and that (ii) an independent provisional seizure ordered and carried out on Dutch territory was valid pursuant to Article 1 of Regulation 1206/2001, even though a “saisie-contrefaçon” had already been carried out in France.
A summary of this case will be posted on http://www.KluwerIPCases.com
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