In a recent patent infringement case, the plaintiff and appellant had requested the Commercial Court of Argovia to conduct pre-trial evidence proceedings, to allow the plaintiff to assess the available evidence and chances of success for an eventual patent infringement action against the defendant. According to the plaintiff, the defendant acted as an accessory to patent infringement by supplying apparatus parts to the main infringer (an operator of a refuse disposal plant). The plaintiff invoked article 158 of the new Federal Code of Civil Procedure (CCP), which grants (among other, alternate grounds) the right to pre-trial evidence proceedings if the plaintiff makes a credible case for an interest that justifies protection.