Unified Patent Court
A single patent court for Member States of the European Union
The aim of the interim procedure is to make all necessary preparations for the oral hearing (Rule 101 of the Rules of Procedure of the UPC). The judge-rapporteur is responsible for the interim procedure and may in particular, where appropriate, hold an interim conference with the parties. In addition, the judge-rapporteur shall explore with the parties the possibility for a settlement or for mediation or arbitration, by using the facilities of the Patent mediation and arbitration center (Article 52(2) of the UPC Agreement, Rule 104(d) of the Rules of Procedure of the UPC).
The Rules of Procedure of the UPC also provide that the judge-rapporteur may order parties to provide further clarification on specific points, answer specific questions, produce evidence or lodge specific documents including each party's summary of the orders sought at the interim conference (Rule 103 of the Rules of Procedure of the UPC).
Rule 104(f) Rules of Procedure of the UPC provide that preparatory discussions with witnesses and experts may take place during the interim procedure but do not mention cross examination. These preparatory discussions shall take place in the presence of the parties with a view to properly preparing for the oral hearing.
At the request of a party which has presented reasonably available evidence sufficient to support its claims and has, in substantiating those claims, specified evidence which lies in the control of the opposing party or a third party, the Court may order the opposing party or a third party to present such evidence, subject to the protection of confidential information (Art. 59(1) UPC Agreement, Rule 190 Rules of Procedure of the UPC). The Order to produce evidence shall specify any sanction which may be imposed if the evidence is not produced according to the order.
In the interim procedure, the judge-rapporteur may order the parties to provide additional information (Rule 103 of the Rules of Procedure of the UPC). During an interim hearing, the judge-rapporteur may issue orders regarding the production of further pleadings and documents, experts, experiments, inspections or further written evidence (Rule 104(e) of the Rules of Procedure of the UPC).