Use of IT forensic evidence in copyright and trade secret litigation in Sweden

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IT forensic reports by third-party IT investigators are commonly used as key evidence in copyright infringement and misappropriation of trade secrets litigation in Sweden. But a recent decision from the Patent and Market Court(1) spotlights some inherent limitations of IP forensic evidence and suggests that over-reliance on such evidence can become a significant hurdle for litigants if the findings in the IT forensic evidence cannot be corroborated by other evidence.

Though only a first-instance decision, this case appears to signal something of a shift in the Swedish specialist IP court’s scrutiny of IT forensic evidence and may therefore have significant impact on future litigation in Sweden.

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