UPC Grants Ex-Parte Order for Evidence Gathering at Trade Fair

The Düsseldorf Local Division granted an ex-parte inspection and preservation of evidence order in case UPC_CFI_834/2025, allowing Ecovacs Robotics Co., Ltd. to inspect robot vacuum products exhibited by Roborock (HK) Limited at the IFA Berlin Trade Show, held from 5 to 9 September 2025.

Ecovacs alleged that Roborock’s vacuum robots, likely infringed its patent covering robot localisation methods using environmental mapping and boundary detection. Having previously purchased and analysed one of the robots via Roborock’s German subsidiary, Ecovacs sought permission to inspect the products on-site at IFA 2025, accompanied by an expert and a bailiff. The application also requested authority to seize the products if inspection was obstructed.

The Court granted the order ex-parte, finding Ecovacs’ application both credible and urgent. The Court was persuaded by Ecovacs’ argument that Roborock’s operations from Hong Kong made it difficult to obtain evidence through conventional channels. The IFA trade fair presented a rare and time-sensitive opportunity to access the allegedly infringing products. The risk of evidence loss, through removal of the robots from the stand or software updates justified the ex-parte nature of the order.

Importantly, the Court demonstrated a balanced approach. The expert was instructed to inspect the robots at a location other than the exhibition stand. However, if Roborock refused to cooperate, the expert was authorised to conduct the inspection directly at the trade fair stand. This structure reflects the UPC’s consideration for commercial disruption, while ensuring that the course of justice is not hindered.

The Court also emphasised proportionality, rejecting broader requests such as inspection of unspecified robots to avoid a “fishing expedition.” The inspection was to be conducted under strict confidentiality, with findings restricted to use in proceedings against Roborock and its affiliated entities.