ARTICLE
27 March 2025

LD Munich, March 17, 2025, Order, UPC_CFI_815/2024

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.
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...
Germany Intellectual Property

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

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.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More