Topics: confidentiality
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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,…
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LD Munich, October 2, 2024, Substantive Order, UPC_CFI_153/2024
Patent pool administrators have a direct legal interest in litigations concerning patents within their pools: The court, referencing Rule 313 of the Rules of Procedure of the Unified Patent Court (RoP), affirmed that a patent pool administrator possesses a direct and present legal interest in the outcome of such a lawsuit. This interest stems from…
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Court of Appeal, September 30, 2024, Ordner in relation to R. 220.3 RoP and deadlines in R29(d) RoP, UPC_CoA_543/2024
Deadlines when Confidential Information are included: This decision clarifies that the deadline for a Defendant’s reply (in German “Duplik”) under Rule 29(d) RoP, when confidential information is involved, begins upon filing the initial Plaintiff’s reply, even if redacted. The Court of Appeal, while acknowledging differing practices across Local Divisions, found no misinterpretation of the RoP…
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LD Mannheim, September 3, 2024, order on protection of confidential information, UPC_CFI_219/2023
Submission in rejoinder, insofar as it concerns two third-party license agreements, will not be taken into account in the further proceedings: The submissions in the rejoinder, insofar as they concern two third-party license agreements that are subject of the requested further access restrictions, will not be taken into account in the further proceedings. The Defendants…
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LD Duesseldorf, August 30, 2024, order on protection of confidential information, UPC_CFI_99/2024
Information on the profit margin may be subject to confidentiality if it is not available from publicly accessible sources: The Claimant has not questioned the fact that information on the profit margin may constitute confidential information if it is not available from publicly accessible sources. Insofar as the Claimant instead refers to the fact that…
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LD Vienna, August 12, 2024, Procedural order on publicity of pleadings and evidence, UPC_CFI_33/2024
Weighing of interests when deciding on a request for the provision of pleadings and evidence pursuant to R 262.1 (b) RoP: If a request for the provision of pleadings and evidence is made by a member of the public pursuant to R 262.1 (b) RoP, the interests of that member of the public to have…
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LD Hamburg, August 9, 2024, Procedural order concerning confidentiality, UPC_CFI_278/2023
The existence of a trade secret does not have to be established to the court’s satisfaction, but it is sufficient if this is predominantly probable: The existence of a trade secret does not have to be established to the court’s satisfaction, but it is sufficient if this is predominantly probable, as shown by the wording…
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LD Duesselorf, August 8, 2024, Procedural order concerning confidentiality, UPC_CFI_140/2024
No reason to limit access for authorised representative’s team: Normally, in main proceedings there is no reason to limit the party’s representatives who have access to confidential information to a certain number of team members or even to UPC representatives and their internal assistants. To fullfill the requirement of R. 262A.6 RoP (number of persons…
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LD Duesseldorf, July 30, 2024, Procedural order concerning confidentiality, UPC_CFI_457/2023
Intervener is party to the proceedings with corresponding option to request confidentiality: Unless ordered otherwise by the Court, the intervener shall be treated as a party in accordance with Rule 315.4 RoP. Just like a party, the intervener therefore has the option to file a confidentiality request concerning the information contained in the pleadings submitted…
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CD Paris, July 30, 2024, order on confidentiality, UPC_CFI_367/2023
Access to cost breakdown for adversary granted: In the context of an interpretation in conformity with European law taking into account Art. 9(2) of Directive (EU) 2016/943, Art. 58 UPCA, must be understood to mean that the circle of persons entitled to access to confidential information must include at least one natural person from each…
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LD Milan, July 23, 2024, order on application according R 262A RoP, UPC_CFI_240/2023
Restriction to “attorneys eyes only” possible under R 262A RoP, exceptional circumstances required: In the case of protection of confidential information under R. 262A RoP, the number of persons authorised to have access may not be greater than is necessary to ensure compliance with the principle of a fair trial and the right of the…
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Court of Appeal, July 23, 2024, order on appeal, UPC_CoA_177/2024
Application for preservation of evidence or inspection of premises implies a request to disclose the report on the outcome: The legitimate purpose of the procedure for the preservation of evidence or the inspection of premises (Art. 60 UPCA, R. 192 et seq.) includes the use of the evidence to decide whether to initiate proceedings on…
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LD Duesseldorf, July 22, 2024, Order on a request for confidentiality, UPC_CFI_457/2023
Generally, a confidentiality club shall include at least one natural person from an intervening party: Since the intervener shall be treated as a party in accordance with R. 315.4 RoP (unless otherwise ordered by the Court), on request according to R. 262A a confidentiality club shall comprise at least one natural person from the intervener.…
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