Key takeaways
Classification as confidential if parties agree on confidential nature of the information.
The Court acknowledges the confidential nature of specific information after the claimant did not object to the defendant’s corresponding assertion.
A pre-existing broader NDA prevents a party from imposing a narrower confidentiality circle in UPC proceedings.
The Court determined that if confidential information was previously exchanged under an NDA that was not restricted to particular individuals, the defendants cannot subsequently limit access in judicial proceedings to an exclusive cohort. The claimant’s request to expand the circle to additional persons and technical experts was granted.
No pre-emptive blanket exclusion of public access applications under R. 262.3 RoP.
The Court dismissed the defendants’ request to automatically withhold confidential information from any future public access request under R. 262.3 RoP. Each such application must be assessed individually, balancing public transparency against the legitimate need to protect confidential information.
Procedural deadlines under R. 29(a) RoP start only upon receipt of the full, unredacted Statement of Defence.
The Court granted the defendants’ request and confirmed that the claimant’ deadlines under R. 29(a) RoP do not commence until they receive the complete, unredacted Statement of Defence and exhibits.
Confidentiality treatment for reuse of classified information may be granted ex ante (R. 262A, R. 262.2 RoP).
The Court ordered that any future use of the classified information in subsequent submissions requires dual filing of redacted and unredacted versions, with confidential treatment deemed granted ex ante — eliminating the need for repeated confidentiality motions.
Division
LD The Hague
UPC number
UPC_CFI_1612/2025
Type of proceedings
Infringement Action
Parties
Claimant: Umicore N.V./S.A.
Defendants: Elemental Benelux B.V. and seven affiliated companies (including RECAT GmbH, which was listed without legal representation in the order)
Patent(s)
EP 4 087 952
Jurisdictions
UPC
Body of legislation / Rules
Art. 58 UPCA, R. 29(a) RoP, R. 262 RoP, R. 262A RoP
