Ecovacs Robotics v Roborock (UPC_CFI_834/2025)
Decision date:
19 December 2025
Osborne Clarke summary
- This decision concerned an application for review of an ex parte order granted by the Düsseldorf LD for inspection and preservation of evidence at Roborock's trade fair stand.
- The original application for the order was filed by Ecovacs shortly before it also filed an infringement claim against Roborock, alleging infringement of Ecovacs’ patent for a robot localising method, robot and storage medium.
- Roborock sought a review of the order, arguing that Ecovacs had presented the facts of the case incompletely and incorrectly to the court and that the application for the order was neither necessary nor urgent. Given that the allegedly infringing products were available for sale on Amazon Germany, and Ecovacs had in fact purchased one of the products, there was no need to inspect the goods on display at the trade fair. These facts were not disputed by Ecovacs.
- Ecovacs argued that there was no way of knowing whether the goods on display at the trade fair differed significantly from the products sold online (for example, they could have been updated models and the online goods soon to be made obsolete).
- The Düsseldorf LD revoked the order and ordered Ecovacs to pay the costs incurred so far relating to the order. In its original application for the order, Ecovacs had not disclosed the fact that it had acquired one of the allegedly infringing products from Amazon Germany and the court held that this amounted to presenting the facts of the case in an incomplete and misleading manner and thus failed to follow Rule 192.3 RoP. Had it been aware of the full facts, the court would not have granted the order. Ecovacs had argued for the order to be partially upheld; however, the court saw no reason to depart from the rule that a breach of Rule 192.3 RoP leads to the order being set aside in its entirety. Accordingly, the order was set aside in its entirety.
Issue
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