Private opinion as evidence in patent infringement proceedings.

Collateral proceedings are characterised by their speed and the related evidentiary limitations, hence, the concentration of evidence is extremely important already at the moment of filing a security application with the Court .

This is repeatedly demonstrated by patent holders who, in order to bring about an immediate cessation of the infringement of their exclusive right, commission private experts to draw up an opinion, which they then attach to the security application as confirmation of the circumstances they have formulated – most often on the incorporation of the patent claims in a third party’s product .

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