Home » UPC decisions » Local Division » Munich Local Division » LD Munich, 27, December 2023, Order of court in first instance, UPC_CFI_181/2023

LD Munich, 27, December 2023, Order of court in first instance, UPC_CFI_181/2023

2 min Reading time

Key takeaways

  • 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


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