Key takeaways
No Stay of Execution from the Court of First Instance
The Court rejected Claimant’s request for a stay of enforcement of its first instance decision during the appeal period as this decision is solely subject to the competence of the Court of Appeal according to Art. 74 UPCA and Rule 223 RoP. In such a scenario, the Court of First Instance has no power to suspend the decision during the appeal period.
Confidentiality Club
The Court upheld the confidentiality club as ordered previously and did not modify the order as the parties did not agree on the modification of the confidentiality club subsequently.
The Court referred to Rule 262A RoP, which governs confidentiality clubs, and to previous case law (LD Paris, March 26, 2024, UPC_CFI_397/2023; LD The Hague, March 4, 2024, UPC_CFI_239/2023) to support its decision.
Untimely Guarantee Request Rejected
The Court rejected Claimant’s request for a financial guarantee from the Defendant to cover potential breaches of confidentiality. The Court found the request belated, as it was not raised when the information was requested. Additionally, the Court deemed the existing confidentiality club sufficient for the protection of Claimant’s interests.
Division
Paris Local Division
UPC number
UPC_CFI_358/2023
Type of proceedings
Order in re confidentiality and enforcement
Parties
Applicant/Claimant: LAMA FRANCE (hereinafter “LAMA”)
Defendant/Respondent: HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P. (hereinafter “HPDC”)
Patent(s)
EP2089230 and EP1737669
Body of legislation / Rules
Rule 118 RoP, Rule 262A RoP, Rule 352 RoP
