ARTICLE
31 July 2026

CD Munich, July 27, 2026, Procedural Order, UPC_CFI_894/2026

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Bardehle Pagenberg

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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.
Sypox GmbH has initiated revocation proceedings against Topsoe A/S at the Unified Patent Court's Central Division in Munich, challenging the validity of European Patent EP 3 802 413. The case, designated UPC_CFI_894/2026, involves procedural matters under Rule 262A and 262.2 of the Rules of Procedure and Article 58 of the UPC Agreement.
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1. Key takeaways

“Withdrawal” of confidential document possible before adversary’s access

The Court acceded to the request of the Claimant to withdraw a confidential document by ordering that the unredacted version of the document be disregarded. The confidential document will not become accessible to the Defendant but will remain in the CMS.

Initially, the Claimant submitted an unredacted version of an Investment Agreement and confidentiality requests. Before the Court issued any order regarding confidentiality and before the Defendant was granted access to the document, the Claimant requested that the Court take note of the withdrawal of the unredected document, order that it be treated as not submitted and that its content not be taken into account in the decision making.

2. Division

Central Division (Section Munich)

3. UPC number

UPC_CFI_894/2026

4. Type of proceedings

Revocation action

5. Parties

Sypox GmbH (Claimant);

Topsoe A/S (Defendant)

6. Patent(s)

EP 3 802 413

7. Body of legislation / Rules

Rule 262A, 262.2 RoP, Art. 58 UPCA

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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