Topics: R. 262A RoP
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Court of Appeal, June 20, 2024, Order on application pursuant to R. 262A RoP, UPC_CoA_234/2024
An order by the Court of First Instance pursuant to R. 262A RoP also applies to the appeal proceedings : A non-appealed order by the Court of First Instance pursuant to R. 262A RoP that restricts access to certain information or evidence to specific persons, unless otherwise stated in the order, continues to apply after…
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CD Paris, June 26, 2024, order, UPC_CFI_164/2024
Independence of a counsellor is measured with reference to the possible harm to the interests of the party : The fact that the representative of a party is also the inventor of the patent-in-suit, the original applicant of the application underlying the patent-in-suit and the managing director of the first assignee of the patent does…
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LD Duesseldorf, June 24, 2024, procedural order, UPC_CFI_456/2023
If access to written pleadings is restricted to representatives only according to R. 262A RoP, this is regularly a reason for the extension of time limits: R. 9.3 (a) RoP authorizes the court to extend time limits. However, this option should only be used with caution and only in justified exceptional cases. Such an exceptional…
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LD Mannheim, 13 June 2024, Order of the Court of first instance, UPC_CFI_219/2023
Extension of time limit (only) for response to redacted FRAND submission: Claimant filed its reply brief with heavy redactions re. the FRAND part. Hence, upon Defendant’s request the deadline for filing its rejoinder brief was extended as it relates to these redactions. However, as the parts re. infringement and validity of the patent were not…
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LD Paris, March 26, 2024, Procedural Order, UPC_CFI_397/2023
Waiver of Rule 262A RoP: Even though Rule 262A RoP provides that the confidentiality club shall include at least one natural person from each party, the Court considers that it is possible for the parties to exclude access by a natural person by mutual agreement, provided that the principle of a fair trial is not…
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LD Duesseldorf, March 27, 2024, Procedural Order, UPC_CFI_355/2023
Protection of confidential information requires balancing of interests: When deciding an application to grant protection for the allegedly confidential information, the court has to weigh the right of a party to have unlimited access to the documents contained in the file, which guarantees its fundamental right to be heard, against the interest of the opposing…
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LD The Hague, 4 March 2024, Order on confidentiality regarding financial information, UPC_CFI_239/2023
Limitation to “attorneys eyes only” possible under R. 262A RoP on protection of confidential information: Claimants applied for a confidentiality order (R. 262A RoP) regarding financial information which did not relate to the main action but to Defendant’s request for security for costs (R. 158 RoP). The LD The Hague decided that access to confidential…
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LD Düsseldorf, February 23, 2024, secrecy protection order, UPC_CFI_463/2023
The requirement to be heard prior to issuing a secrecy protection order according to R. 262A RoP applies only to the final secrecy order and access restriction: In the interest of effective secrecy protection, access can be further restricted until a final order is issued, namely to the representative of the plaintiff In consideration of…
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LD Dusseldorf, February 16, 2024, procedural order, UPC_CFI_463/2023
A party has to substantiate why specific persons should receive access to confidential information according to R. 262A RoP: According to R. 262A.6 RoP, the number of persons receiving access to confidential information of the other party shall be no greater than necessary. This does not necessarily include the entire team of lawyers and other…
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LD Dusseldorf, February 14, 2024, order on confidentiality measures, UPC_CFI_463/2023
CMS provides for graduated procedure for protection of confidential information : With(in) the R. 262A workflow, the UPC Case Management System (CMS) provides for a step-by-step procedure for the protection of confidential information, comprehensively taking into account the interests of both parties in confidentiality. : Before the unredacted version of a document submitted with an…
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LD Paris, 30 January 2024, procedural order (review R.333), UPC_CFI_230/2023
Amount of fine in the event of a breach of a confidentiality order: The decision relates to a review according to Rule 333 RoP of point 6.) of a confidentiallity order issued by the judge rapporteur on 19 December 2023. It emphasized that while the Paris and Munich orders pertain to the same protected confidential…
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LD Hamburg, 27 January 2024, procedural order, UPC_CFI_22/2023
The time period for responding to a counterclaim for revocation and the time period for the reply to the statement of defense should run in parallel: In a case in which the statement of defense includes trade secrets but the counterclaim for revocation does not, and in which access to an unredacted version of the…
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CD Munich, 17 November 2023, order, UPC_CFI_80/2023
Protection of trade secrets, personal data, or other confidential information: An application for the protection of confidential information (“Confidential Annex”) under Rule 262A was made by the Claimant concerning an exhibit submitted by the Claimant and relied upon in the context of a request to stay proceedings because of the pending outcome of opposition proceedings…
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LD Hamburg, 3 November 2023, order on confidentiality and access restriction, UPC_CFI_54/2023
Requirements for protection of confidential information: The applicant does not have to prove to the full conviction of the court that the confidential information for which protection is requested are trade secrets. It is sufficient if the court considers it predominantly probable that the information are trade secrets. Confidential information that was already submitted to…
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LD Hamburg, 4 October 2023, preliminary order on confidentiality, UPC_CFI_54/2023
For the purpose of effective protection of trade secrets, access may be limited to the party representative until the final order on the limitation of access to confidential information is made.: Even though R. 262A.6 RoP states that, at least, one natural person from each party and the respective lawyers or other representatives of those…
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