[REDACTED] v OrthoApnea (UPC_CFI_329/2023)

• The applicant brought an ex parte application for the preservation of evidence (saisie) and preparation of a description for a device for treating night time breathing problems.
• The application was brought with extreme urgency. The application was made on 20 September 2023, with judgment handed down the following day. There was an upcoming symposium, taking place on 22 and/or 23 September 2023, whereby OrthoApnea, as a gold sponsor, would likely promote, offer and exhibit its products.
• The Brussels LD allowed the application for the provisional measures in view of the imminent infringement and allowed the applicant to seize evidence during the two-day symposium. The court also allowed an expert to draw up a report detailing the characteristics of the products and submit them to the Brussels LD.
• The applicant had provided evidence from the OrthoApnea website that its device met the characteristics of claim 1.
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This analysis is based on a machine translation of a decision not available in English.