The Court confirmed that a District court, not specialised in patent matters, does have relative jurisdiction to decide a motion to produce exhibits for determining patent infringement. In order to positively decide a motion to produce exhibits, (threat of) infringement should be made plausible, but the threshold for plausibility is relatively low. Further, technical details of products that are on the market may still be considered to be trade secrets.
Case number: NL 17.11739
Case date: 02 November 2018
Court: District Court of Midden-Nederland
A full summary of this case has been published on Kluwer IP Law.
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