1. Key takeaways
Principle of Public Access Upheld
The court reaffirmed the general principle that the register of the Unified Patent Court and the proceedings before it are open to the public, as stipulated in Art. 10 (1) UPCA and Rule 262.1 (b) RoP, unless the balance of interests involved is such that they are to be kept confidential. The court granted the applicant's request for access to all pleadings and evidence submitted in the proceedings, even though the applicant's interest in the documents was considered to be only "generic" and not "specific" considering i.a. that the integrity of the proceedings was not affected since they had already come to an end. The court reasoned that the applicant's preparatory activities to enter the market concerned by the patent at issue were sufficient to establish an interest in accessing the requested documents.
Leave to Appeal Granted
Recognizing the need for developing consistent case law regarding public access to the register, the court granted the respondents leave to appeal the order granting access. This decision highlights the importance of clarifying the application of Rule 262.1 (b) RoP and Art. 45 UPCA, particularly when balancing the right to public access with other interests, such as the protection of confidential information.
Suspension of the Order's Effect
In light of the potential for irreversible consequences, the court suspended the effect of its order granting access until the deadline for filing an appeal expires or, if an appeal is filed, until the conclusion of the appeal proceedings. This approach aims to safeguard the parties' interests while the legal issues surrounding public access are further clarified in the appeal.
2. Division
CD Paris
3. UPC number
UPC_CFI_255/2023, CC_584916/2023 and CC_585030/2023; App_33486/2024, 33487/2024 and 33489/2024
4. Type of proceedings
Application pursuant to R. 262.1(b) RoP
5. Parties
Applicant: SWAT Medical AB (Applicant)
Respondents:
Meril Italy S.r.l. (Defendant)
Edwards Lifesciences Corporation (Defendant)
Meril Gmbh (Counterclaimant)
Meril Life Sciences Pvt Ltd. (Counterclaimant)
6. Patent(s)
EP3646825
7. Body of legislation / Rules
Rule 5 RoP, Art. 24(1) (c) UPCA
UPC_CFI_2252023_CD Paris_October_14_2024 Download
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