1.Key takeaways
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 the characteristics of summary proceedings, for the sake of a fair trial the group of persons must be selected such that the party affected by the provisional secrecy protection order is fully capable of working and in a position to comment on each point raised by the opposing party
A a rule: a provisional restriction to 4 legal representatives (2 partners and 2 associates), 2 patent attorney representatives and 3 representatives of the client appears appropriate, whereby this group is extendable by 2 paralegals, if necessary
The group of persons entitled to access must always be examined on a case-by-case analysis
Thereby taking into account that according to R. 262A.6 sentence 1 RoP the group of persons who are granted access to the (allegedly) confidential information may not exceed the scope neccessary for compliance with the right of the parties to an effective legal remedy and a fair trial, and, if neccessary and appropriate, adapted to the requirements of the respective proceedings
2. Division
LD Düsseldorf
3. UPC number
UPC_CFI_463/2023
4. Type of proceedings
Application for provisional measures
5. Parties
Applicant (defendant in main proceedings): Curio Bioscience Inc.
Respondent (applicant in main proceedings): 10x Genomics, Inc.
6. Patent(s)
EP 2 697 391 B1
7. Jurisdictions
Place jurisdictions
8. Body of legislation / Rules
R. 262A RoP
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