OTEC Präzisionsfinish GmbH v. ANCA Europe GmbH

UPC_EFDC79152A

OTEC Präzisionsfinish GmbH, the sole proprietor of European Patent EP 2 983 864 B1 concerning a method and device for surface treatment of workpieces, filed an application on May 4, 2026, seeking an order for inspection and evidence preservation at the trade fair stand of ANCA Europe GmbH in Stuttgart, in advance of a planned main infringement action. The Local Chamber Düsseldorf issued the order on May 6, 2026, under Article 60 of the relevant agreement and Rules 194(d), 196, 197, and 199 of the Rules of Procedure. The patent had previously been the subject of two other inspection proceedings and a pending counterclaim for revocation in a separate main action.

Jurisdiction
European UPC
Court
Düsseldorf (DE) Local Division
Case Number
UPC_EFDC79152A
Decision Date
6 May 2026

Detailed Summary

The applicant, OTEC Präzisionsfinish GmbH, is the sole proprietor of European Patent EP 2 983 864 B1, titled "Method and device for surface treatment of workpieces." The patent was filed on March 26, 2014, claiming priority from two German patent applications dated April 9, 2013, and September 27, 2013, and was granted on April 26, 2017. It is currently in force in Austria, Belgium, Switzerland, Liechtenstein, the Czech Republic, Germany, Spain, France, Great Britain, Ireland, Italy, Luxembourg, Poland, and Turkey. No opposition was filed against the patent. The respondent, ANCA Europe GmbH, was served at its trade fair stand at Messe Stuttgart (Hall 7, Stand A70). The applicant was represented by attorneys from HOYNG ROKH MONEGIER and European patent attorney Steffen Lenz.

On May 4, 2026, the applicant filed an application for an order of inspection and evidence preservation at the respondent's trade fair stand, in anticipation of a forthcoming main infringement action. The application was brought under Article 60 of the relevant agreement and Rules 194(d), 196, 197, and 199 of the Rules of Procedure. The patent's independent claim 1 covers a method for surface processing of workpieces in which the workpiece is moved relative to a bed of grinding and/or polishing granulate, rotated about at least one axis, and accelerated to different rotational speeds, with the workpiece and/or the container holding the granulate being rotated under continuous acceleration at continuously varying rotational speeds. The patent had previously been the subject of two other inspection and evidence preservation proceedings (UPC_CFI_260/2025 and UPC_CFI_885/2025), and a counterclaim for revocation of the patent had been filed in another main action (UPC_CFI_511/2025) by a different party, which remained pending.

& Analysis: The order was issued by the reporting judge, Presiding Judge Thomas, together with legally qualified Judge Dr. Schumacher and legally qualified Judge Dr. Schober, sitting as Panel 1 of the Local Chamber Düsseldorf. The proceedings were conducted in German. The court granted the application for inspection and evidence preservation based on the statutory provisions cited.

Final Order & Ruling: The Local Chamber Düsseldorf issued the order for inspection and evidence preservation on May 6, 2026, in case UPC_CFI_1536/2026, authorizing the requested measures at the respondent's trade fair stand in Stuttgart.

Practitioner Note

This case demonstrates the evidentiary and procedural standards applied in patent matters before Düsseldorf (DE) Local Division. Understanding the court's reasoning in OTEC Präzisionsfinish GmbH vs ANCA Europe GmbH is valuable context for structuring arguments or assessing risk in similar proceedings.

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