In a recent decision (UPC_CFI_513/2024), the panel from the Unified Patent Court's Central Division in Milan ordered an on-site inspection as part of the oral hearing in ongoing patent infringement proceedings. An inspection of the patented device as well as the alleged infringing device was considered expedient for the understanding of the technology involved. However, transport of the devices when mounted to the relevant agricultural machinery to the premisses of the court was considered impossible due to the weight of the machinery (specifically a subsoiler). In light of this, the Claimant proposed a site inspection at their nearest premises, offering to arrange all necessary logistics, including the 90 minute transportation for the Panel from Milan.
The Court stated that the activity pursuant to Rule 170.1(c) RoP and Article 53.1(f) UPCA, appears to be necessary and cannot be carried out in the Courtroom, therefore the panel must necessarily go to the place specified by the Claimant. It was also emphasised that the Claimant is responsible for the necessary preparation he offered voluntarily.
Despite the time investment required for onsite inspections of this nature, we have little doubt that the insights gained in the process will be valuable and overall increase the speed at which a decision can be handed down.
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