Case Law
Rule 170: Means of evidence and means of obtaining evidence

Court of First Instance - Paris (FR) Local Division, Order dated 24/04/2025, Seoul Viosys Co., Ltd v. Laser Components SAS, Photon Wave Co.,Ltd. (Case/ Registry number : ACT_588685/2023, ORD_598601/2023)
Example of decision on probative value of a private expert report : "45. The Court notes that the TESCAN tests produced by SEOUL VIOSYS in Exhibit 12 constitute private expert report prepared at the request of the representatives of the claimant in the infringement proceedings, as provided for in Rule 170(b) of the Rules of Procedure, and that there is nothing in the file to cast doubt on the fact that TESCAN is an independent laboratory.
46. The methodology used by the laboratory is sufficiently explained (...)
(...) 54. It appears that, in general, the questions asked by SEOUL VIOSYS appear sufficiently objective not to have influenced the results of the tests.
(...) 58. Consequently, none of the criticisms of the probative value of the TESCAN report produced by SEOUL VIOSYS are relevant to demonstrate that it is inappropriate. The Court considers that the report has the probative value appropriate for a private expert report as described in Rule 170 RoP."