Key takeaways
Confidentiality concerns must be raised during main proceedings if the need for protection is reasonably foreseeable (R. 262A RoP).
✓
Where it is reasonably foreseeable that court-ordered disclosure may require revelation of confidential information, the defendant must raise confidentiality concerns during main proceedings. Failing to do so without adequate justification will typically result in denial of subsequent post-judgment requests.
Purely hypothetical confidentiality orders covering information not yet part of the court file are inadmissible (R. 262.2 RoP).
✓
Where the defendant’s out-of-court disclosures have not yet been filed with the court, and it remains uncertain whether further exchanges of submissions will occur, a request under R. 262.2 RoP lacks a factual basis and must be rejected.
Division
LD Düsseldorf
UPC number
UPC_CFI_779/2024
Type of proceedings
Confidentiality application pursuant to R. 262A RoP
Parties
Brita SE
Wessper Sp. z o.o.
Patent(s)
EP 1 748 830 B1
Body of legislation / Rules
R. 262A RoP, R. 262.2 RoP
