ARTICLE
2 October 2024

RD Nordic-Baltic, September 18, 2024, Procedural Order On A Request For Access To The Written Pleadings And Evidence, UPC_CFI_8/2023

BP
Bardehle Pagenberg

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
Requirements for a "reasoned request" for access under Rule 262.1(b) RoP
Germany Intellectual Property

1. Key takeaways

Requirements for a "reasoned request" for access under Rule 262.1(b) RoP

The UPC clarified that a "reasoned request" under Rule 262.1(b) RoP requires more than a general interest. The applicant must provide a specific and credible explanation for needing access to court documents, demonstrating a genuine need beyond publicly available information

In this case, the applicant's status as a competitor and their interest in the patent's validity were insufficient to grant access, as the relevant information was already publicly available.

Balancing transparency with fair trial rights

The decision underscores the UPC's commitment to balancing the principle of open justice (Article 45 UPCA) with the right to a fair trial. The court emphasized that transparency should not compromise the parties' ability to present their cases freely and fairly.

2. Division

Nordic-Baltic Regional Division

3. UPC number

UPC_CFI_8/2023

ACT_459769/2023, ORD_36465/2024

App_33487/2024, App_33489/2024, App_33485/2024, App_33473/2024, App_33475/2024, App_33476/2024, App_33478/2024, App_33480/2024, App_33481/2024

4. Type of proceedings

Request for access to written pleadings and evidence (Rule 262.1(b) RoP) within a patent infringement action.

5. Parties

Applicant: Erik Krahbichler

Claimant: Edwards Lifesciences Corporation

Defendants: Meril Lifesciences PVT Limited, Meril GmbH, Smis International OÜ, Sormedica UAB

6. Patent(s)

EP 2 628 464

EP 3 646 825

EP 3 669 828

EP 3 769 722

7. Body of legislation / Rules

Rule 262.1(b) RoP

Article 45 UPCA

9550BC227FD55024CE581A48862BDF2D

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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