Lichtbogenschnürung (Electric arc lacing), pre trial proceedings for preserving evidence, German Federal Supreme Court, 16 November 2009, Docket No. X ZB 37/08
A written court expert opinion which was rendered in independent pre-trial proceedings for preserving evidence with respect to a presumed patent infringement may generally be disclosed to the attorney-at-law and the patent attorney of the Claimant (the patent owner) regardless of any secrecy interests of the Respondent (the presumed infringer) if the attorneys of the Claimant are obliged to secrecy vis-à-vis the Claimant and third parties.
Read the entire decision (in German) here.
Read a summary in English, provided by Bardehle Pagenberg, here.
Head note: Tilman Müller-Stoy