The Court of Appeal Duesseldorf held that, provided that the alleged infringer proves a legitimate interest in confidentiality, the presentation of the expert opinion to the patentee itself depends on whether the inspection confirms infringement. If the expert opinion confirms infringement, and if the court has no expertise in the relevant technical field, it may only deviate from the opinion and decline presentation of the expert opinion to the patentee if it hears the expert. The mere positive or negative finding of patent infringement in the opinion (yes/no) is not covered by the professional pledge of secrecy of the patentee’s attorney-at- law or patent attorney.
A full summary of this case has been published on Kluwer IP Law.
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