Topics: confidentiality
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CoA, January, 26, 2026, final order concerning an application for the protection of confidential information under R. 262A RoP, UPC_CoA_631/2025, UPC_CoA_632/2025
Proportionality in the protection of confidential information: When deciding on the measures for the protection of confidential informaiton and assessing their proportionality, the Court must take into account the need to ensure the right to an effective remedy and to a fair trial, the legitimate interest of the parties and, where appropriate, of third parties,…
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CoA, January 26, 2026, order regarding a request pusuant to R. 262.2 RoP, UPC_CoA_917/2025
Difference between R. 262A RoP request and R. 262.2 RoP request: According to case-law, only R. 262A RoP allows the Court to restrict the use of confidential information by the opposing party and its representatives. A request under R. 262.2 RoP that certain information of written pleadings or evidence be kept confidential does not automatically…
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CoA, January 26, 2026, Order concerning a confidentiality request under R. 262A RoP, UPC_CoA_755/2025, UPC_CoA_757/2025, UPC_CoA_791/2025, UPC_CoA_793/2025
Proportionality in the protection of confidential information: When deciding on the measures for the protection of confidential information and assessing their proportionality, the Court must take into account the need to ensure the right to an effective remedy and to a fair trial, the legitimate interests of the parties and, where appropriate, of third parties,…
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LD Mannheim, January 19, 2026, Order regarding confidentiality of FRAND negotiations, UPC_CFI_481/2025
General order was issued stipulating that submissions on details of FRAND negotiations between the parties, even if they are only introduced into the proceedings in future pleadings, are already protected under R. 262A RoP : The information to be protected is confidential information belonging to at least one of the parties, because it relates to…
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LD Duesseldorf, Order, December 19, 2025, UPC_CFI_1598_2025, UPC_CFI_1600_2025
No CMS Access, No Say on Confidentiality: The Düsseldorf Local Division clarified the consequences for a defendant who fails to engage with the UPC’s Case Management System (CMS) following an order to preserve evidence. The applicant obtained an ex parte order to preserve evidence, which was executed at the defendant’s booth at the MEDICA trade…
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Court of Appeal, October 14, 2025, appeal against an order re. penalty payments, UPC_CoA_699/2025
System of penalties under the Rules of Procedure, specifics of a penalty order (R. 354.3, R.354.4 RoP): Pursuant to R. 354.3 RoP an order or decision may include an order for the forfeiture of a penalty sum in case of (future) non-compliance with an order (hereinafter: a penalty order). Although this must be considered the…
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LD Düsseldorf, September 9, 2025, confidentiality order, UPC_CFI_100/2024, UPC_CFI_411/2024
No disclosure of confidential information in parallel national proceedings: In response to a request for confidentiality, the respondents asked the Local Division Düsseldorf to permit the disclosure of confidential information in parallel proceedings between the same parties at the Regional Court of Munich I (case no. 7 O 3152/24). The information was related to standing…
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LD Mannheim, August 6, 2025, procedural order, UPC_CFI_336/2025
Confidentiality of attorney billing records in cost proceedings (Rule 262A RoP, Art. 58 UPCA): Information about the detailed breakdown of lawyers’ hours worked is considered confidential, as such information is protected by attorney-client privilege. Access restrictions to confidential information cannot be limited to legal representatives alone without consent (Rule 262A.6 RoP): Restricting access to confidential…
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CD Paris, July 16, 2025, order on confidentiality, UPC_CFI_484/2025
Information on litigation costs does not justify confidentiality order vis-à-vis parties (R. 262A), but shall be treated confidential vis-à-vis the public (R. 262.2 RoP). : The information regarding the litigation costs does not concern the main subject matter of the (revocation) proceedings and does not directly influence claimant´s business activities. Defendant has a right to…
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Court of Appeal, July 3, 2025, order re. members of confidentiality club, UPC_CoA_221/2025 et al
The number of US attorneys authorized to access confidential information shall not be greater than necessary in order to ensure compliance with the right of both Appellant and Respondents to an effective remedy and to a fair trial.: According to R. 262A.6 RoP, the number of persons to whom access is restricted shall be no…
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CD Paris, June 9, 2025, order on file inspection, UPC_CFI_309/2023
Access to pleadings and evidence – balancing public access and confidentiality: The order follows the decision of the Court of Appeal in Ocado v Autostore (10 April 2024, UPC_CoA_404/2023, APL_584498/2023, para 43), namely that in a decision on a request under R. 262.1(b) RoP, the interests of a member of the public of obtaining the…
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LD Düsseldorf, 16 April 2025, Order, UPC_CFI_539/2024
Evidence preservation can secure proof of specific acts of infringement, e.g. use, import, or offering for sale (Art. 60 UPCA, R. 192 ff. RoP): The UPC clarified that evidence preservation is not limited to proving the existence of infringing features but extends to demonstrating acts of infringement within the UPC’s jurisdiction. This includes securing documents…
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LD Munich, January 23, 2025, order regarding cost and confidentiality, UPC_CFI_815/2024
Restrictions on confidential information apply to third parties and the public: The Court referred to a previous order from the Central Division Paris in UPC_CFI_367/2023. It indicated that Meril would have unlimited access to the costs application, while restrictions on confidential information would apply to third parties and the public. Division Local Division Munich UPC…
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RD Nordic-Baltic, January 21, 2025, procedural order on costs for access to pleadings and evidence, UPC_CFI_380/2023
Key takeaway A member of the public does not bear the costs of a request for access to written pleadings and evidence: There is no legal basis for ordering a member of the public, who has made a request for access to written pleadings and evidence, to reimburse legal costs incurred by the parties to…
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CoA, January 9, 2025, order concerning public access to the register, UPC_CoA_480/2024; UPC_CoA_481/2024
Public has a right to access court records: This right is enshrined in Rule 262.1(b) RoP and promotes transparency and trust in the court system. The Court of Appeal emphasized that this right allows the public to understand court decisions and scrutinize the court’s handling of disputes. The Appellant argued against public access, claiming it…
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LD Hamburg, November 19, 2024, oder on confidentiality of patent transfer documents, UPC_CFI_169/2024
Restricted access to documents containing trade secrets: The court restricted the access to unredacted versions of a brief and an exhibit to the legal representatives insofar as they are authorized to represent their party before the UPC and to their internal assistants who are required for cooperation in the present litigation. Further, the court allowed…
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CD Munich, November 4, 2024, Order, UPC 75/2023
Access to unredacted documents granted despite confidentiality request of the Claimant on the basis of R. 262.2 RoP: The Court granted the Applicant access to unredacted documents even though the Claimant argued that the information contained therein was confidential and that disclosure could cause commercial harm. The Court based its decision on Rule 262.6 RoP,…
2 min Reading time→
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