1. Key takeaways
A decision for an implied R. 262.2 RoP application is normally only warranted where a third party makes an application under R. 262.3 RoP, but there may be exceptions to allow the case to proceed
With a previous order dated 23 January 2025 (ORD_3866/2025), the Court referred to a previous order from the Central Division Paris in UPC_CFI_367/2023 to indicate that Meril would have unlimited access to the costs application, while restrictions on confidential information would apply to third parties and the public.
With brief dated 3 February 2025, Edwards modified its request to restrict access to the Confidential Information to Meril and their representatives.
The Court granted the amendment of the confidentiality application so that Meril is granted unrestricted access to the cost application while the public is excluded. The Court argued that only the general public`s interest in information must be taken into account when deciding on the application under R. 262.2 RoP so that the requirements for granting a restriction on publication are therefore lowered. Thus, the Court pointed out that Edwards has a legitimate interest in ensuring that fees negotiated individually with representatives remain secret from the public.
Following this granted order, the remaining pending applications of the parties for protection of confidential information are dismissed/rejected.
2. Division
Local Division Munich, Panel 1
3. UPC number
UPC_CFI_815/2024
4. Type of proceedings
Application for confidentiality
5. Parties
Claimant (Applicant): Edwards Lifesciences Corporation
Defendants: Meril Gmbh; Meril Life Sciences Pvt Ltd.
6. Patent(s)
EP 3 646 825
7. Body of legislation / Rules
Rule 262.2 RoP
2025-03-17-LD-Munich_UPC_CFI_805-2024 Download
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