ARTICLE
30 December 2024

LD Paris, December 19, 2024, Order, UPC_CFI_358/2023

BP
Bardehle Pagenberg

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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.
France Litigation, Mediation & Arbitration

1. Key takeaways

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 scenario, the Court of First Instance has no power to suspend the decision during the appeal period.

Confidentiality Club

The Court upheld the confidentiality club as ordered previously and did not modify the order as the parties did not agree on the modification of the confidentiality club subsequently.

The Court referred to Rule 262A RoP, which governs confidentiality clubs, and to previous case law (LD Paris, March 26, 2024, UPC_CFI_397/2023; LD The Hague, March 4, 2024, UPC_CFI_239/2023) to support its decision.

Untimely Guarantee Request Rejected

The Court rejected Claimant's request for a financial guarantee from the Defendant to cover potential breaches of confidentiality. The Court found the request belated, as it was not raised when the information was requested. Additionally, the Court deemed the existing confidentiality club sufficient for the protection of Claimant's interests.

2. Division

Paris Local Division

3. UPC number

UPC_CFI_358/2023

4. Type of proceedings

Order in re confidentiality and enforcement

5. Parties

Applicant/Claimant: LAMA FRANCE (hereinafter "LAMA")

Defendant/Respondent: HEWLETT-PACKARD DEVELOPMENT COMPANY, L.P. (hereinafter "HPDC")

6. Patent(s)

EP2089230 and EP1737669

7. Body of legislation / Rules

Rule 118 RoP, Rule 262A RoP, Rule 352 RoP

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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