Key takeaways
Protection of confidential information (keynotes)
1. The protection of confidential information contained in pleadings and annexes can only be requested within a workflow pursuant to Rule 262 and/or 262A of the Rules of Procedure at the same time as the initial filing or within 14 days.
2. Unlike the standard practice in national proceedings in Germany, these requests must be repeated when further pleadings and annexes are filed.
3. In exceptional cases, limited protection under Rule 262A of the Rules of Procedure may be provided within the CMS workflow under Rule 9 RoP.
4. If the need for protection of the confidential information is undisputed between the parties, no further judicial review of the need for protection is required.
5. The amount of a penalty payment under Rule 354.3 of the Rules of Procedure is limited by the request.
Division
Local Division (Section Munich)
UPC number
UPC_CFI_181/2023
Type of proceedings
Infringement Action
Parties
Claimant: KraussMaffei Extrusion GmbH (Laatzen, DE)
Defendant: TROESTER GmbH & Co. KG (Hannover, DE)
Patent(s)
EP 3221117 B1
Body of legislation / Rules
Art. 76 UPCA; R. 4.1 RoP; R. 262 RoP; R. 262a RoP