Key takeaways
Rule 262.1(b) RoP does not provide a legal basis for making available documents that are not written pleadings or evidence.
The general principle laid down in the UPCA is that the register is public and the proceedings are open to the public, unless the balance of interests involved is such that they are to be kept confidential, which means that in such case access to the public is to be denied. The interests include the protection of confidential information and personal data but are not limited thereto.
Documents that cannot be considered as “written pleadings or evidence” are neither covered by the wording nor the purpose of R. 262.1(b) RoP. In this case, applicant has not provided any explanation why the information of such other documents was needed.
see also:
CD Munich 21 September 2023, ORD_552745/2023 in ACT_464985/2023
Central Division (Paris Seat) 24 April 2024, ORD_587436/2023 in ACT_571808/2023
“Reasoned request” in Rule 262.1(b) RoP
“Reasoned request” in Rule 262.1(b) RoP means a request that states which written pleadings and evidence the applicant wishes to obtain, specifies the purpose of the request and explains why access to the specified documents is necessary for that purpose (Court of Appeal (´CoA´) order of 10 April 2024, APL_584498 Ocado/Autostore, par. 44).
Division
Central Division Munich / Panel 1
UPC number
UPC_CFI_1/2023 ORD_47238/2024 or ORD_47230/2024
UPC_CFI_14/2023 ORD_47235/2024
Type of proceedings
Rule 262.1(b) RoP request
Parties
APPLICANT
Dehns, St Bride´s House, 10 Salisbury Square – EC47 8JD – London – GB
CLAIMANTS IN THE MAIN PROCEEDINGS (Counterclaim for revocation)
Regeneron Pharmaceuticals Inc., 81 Columbia Turnpike 12144 Rensselaer US
CLAIMANTS IN THE MAIN PROCEEDINGS (Revocation action)
- Sanofi-Aventis Deutschland GmbH, Brüningstrasse 50 – 65926 – Frankfurt – DE,
- Sanofi-Aventis Groupe, 2 Avenue Raspail – 94250 – Gentilly – FR,
- Sanofi Winthrop Industrie S.A., 82 Avenue Raspail – 94250 – Gentilly – FR
DEFENDANT IN THE MAIN PROCEEDINGS
Amgen, Inc., One Amgen Center Drive – CA 91320-1799 – Thousand Oaks – US,
Patent(s)
EP 3 666 797
Body of legislation / Rules
Rule 262.1(b) RoP, Art. 45 UPCA
