Topics: R. 262A RoP
-
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…
3 min Reading time→ -
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…
3 min Reading time→ -
Contact us personally!
Tips and advice directly from our Unitary Patents professionals.
-
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…
4 min Reading time→ -
CoA, February 12, 2025, order for the protection of confidential information UPC_CoA_621/2024
Pursuant to R. 262A.6 RoP the number of persons to whom access is restricted shall be no greater than necessary in order to ensure compliance with the rights of the parties to the legal proceedings to an effective remedy and to a fair trial, and shall include, at least, one natural person from each party…
3 min Reading time→ -
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…
1 min Reading time→ -
LD Paris, December 19, 2024, Order, UPC_CFI_358/2023
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…
3 min Reading time→ -
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…
5 min Reading time→ -
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…
2 min Reading time→ -
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…
3 min Reading time→ -
CoA, August 21, 2024, Order on a request for a discretionary review pursuant to R. 220.3 RoP, UPC_CoA_469/2024
The exclusion of a specific natural person from the confidentiality club in the context of a R. 262.A order requires concrete reasons: The abstract risk that an in-house counsel could breach the confidentiality obligation due to conflicts of interest if the in-house counsel is included in the group of persons entitled to access confidential information…
2 min Reading time→ -
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…
3 min Reading time→ -
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…
3 min Reading time→ -
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…
2 min Reading time→ -
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…
4 min Reading time→ -
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…
2 min Reading time→ -
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.…
1 min Reading time→ -
LD Mannheim, July 3, 2024, Order re Protection of Confidential Information, UPC_CFI_471/2023
Access to unredacted documents is restricted to a limited group: Access to the unredacted version of the responses to the complaint is restricted on the plaintiffs’ side to the following persons: a) the plaintiffs’ legal representatives and their internal support staff, There is no reason to restrict access on the part of the plaintiffs’ authorised…
3 min Reading time→
Stay in the loop
Never miss a beat by subscribing to the email newsletter. Please see our Privacy Policy.