Patent litigation strategies and evidence preservation

Patent litigation involves complex technical and legal challenges, particularly regarding the scope of patent claims and the preservation of evidence. In software disputes, expert witnesses are often required to analyze source code, system architecture, and technical documentation to bridge the gap between technological facts and legal questions.

Strategic evidence collection is critical in these disputes. In France, the ‘saisie-contrefaçon’ allows for the ex parte seizure of infringing products, documents, and digital data without prior warning to the target. This measure, along with similar procedures offered by the Unified Patent Court (UPC), enables the rapid preservation of evidence, including digital trails and physical materials, before the merits of a case are argued.