Topics: R. 262A RoP
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LD The Hague, April 14, 2026, Procedural Order, UPC_CFI_1612/2025
Classification as confidential if parties agree on confidential nature of the information. : The Court acknowledges the confidential nature of specific information after the claimant did not object to the defendant’s corresponding assertion. A pre-existing broader NDA prevents a party from imposing a narrower confidentiality circle in UPC proceedings.: The Court determined that if confidential…
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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 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 Mannheim, January 13, 2026, Order, UPC_CFI_850/2026
Admissibility of late submissions deferred post-hearing; panel to decide: The decision on rejecting the claimant’s allegedly late FRAND submissions, and final admission of the defendant’s reply, is deferred to the panel after the oral hearing. No extension of written procedure; narrow provisional reply allowed (Rule 36 RoP): The court closed the written phase and refused…
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LD Düsseldorf, November 19, 2025, order re confidentiality (R. 262A RoP), UPC_CFI_539/2024
In response to confidentiality interests asserted by the respondent to an application for preservation of evidence (the alleged infringer), the court may order a partial redaction of the expert report before its release to the applicant (the patent holder): The court mandated the redaction of specific commercial data. This includes prices and order quantities, which…
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LD Milan, September 23, 2025, order, UPC_CFI_342/2025
The court established a confidentiality club under Rule 262A RoP for documents preserved in the preservation of evidence containing confidential information.: Content 1 Access was granted to the applicant’s representatives, one external technical advisor (bound by professional confidentiality rules), and a designated individual from the applicant company (Rule 262A.6 RoP).: The Court did not follow…
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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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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…
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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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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…
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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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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…
3 min Reading time→
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