English translation: . . . still remains unresolved
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Alternatively, X ... is at liberty to offer evidence/proof
Explanation: You don't give the context, but I would expect it to be: The situation is ABC, but if the respondent disagrees with that, the respondent is at liberty to produce evidence that there are alternatives even with regard to the form of the product, which results from technical necessity (or something like that).
If that is your context, I am happy with my suggestion!
Margaret Marks United Kingdom Local time: 07:54 Native speaker of: English PRO pts in category: 256
Notes to answerer
Asker: Thanks, it's a patent fight over a shaped which has been trademarked and if alternatives exist then one need not use the trademarked shape otherwise if the shape is technically required/qualified/conditional/dependent then others may use the trademarked shape