1. Key takeaways

Protection of confidential information (keynotes)

  • 1. The protection of confidential information contained in pleadings and annexes can only be requested within a workflow pursuant to Rule 262 and/or 262A of the Rules of Procedure at the same time as the initial filing or within 14 days.
  • 2. Unlike the standard practice in national proceedings in Germany, these requests must be repeated when further pleadings and annexes are filed.
  • 3. In exceptional cases, limited protection under Rule 262A of the Rules of Procedure may be provided within the CMS workflow under Rule 9 RoP.
  • 4. If the need for protection of the confidential information is undisputed between the parties, no further judicial review of the need for protection is required.
  • 5. The amount of a penalty payment under Rule 354.3 of the Rules of Procedure is limited by the request.

2. Division

Local Division (Section Munich)

3. UPC number

UPC_CFI_181/2023

4. Type of proceedings

Infringement Action

5. Parties

Claimant: KraussMaffei Extrusion GmbH (Laatzen, DE)

Defendant: TROESTER GmbH & Co. KG (Hannover, DE)

6. Patent(s)

EP 3221117 B1

7. Body of legislation / Rules

Art. 76 UPCA; R. 4.1 RoP; R. 262 RoP; R. 262a RoP

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