1. Key takeaways

CMS provides for graduated procedure for protection of confidential information

With(in) the R. 262A workflow, the UPC Case Management System (CMS) provides for a step-by-step procedure for the protection of confidential information, comprehensively taking into account the interests of both parties in confidentiality.

Possibility of the Judge Rapporteur to issue orders before the unredacted version of a document is released to the other side

Before the unredacted version of a document submitted with an Application for protection of confidential information is released to the other side, the CMS allows the Judge Rapporteur within the aforementioned (R. 262A) workflow, to issue orders for the preliminary protection of the (allegedly) confidential information.

If the Judge Rapporteur finds that a preliminary order for protection of confidential information is not necessary, they must inform the Applicant before releasing the unredacted version and give them the opportunity to comment and to withdraw the document(s) in question.

Generally, a preliminary order for protection of confidential information will, in a first step, limit the number of persons from the other side having access to the information, until a final decision about the Application for protection of confidential information. (In the order, the Court specifically informs the Applicant that it does not consider a limitation of persons to two Attorneys-at-law to be admissible; rather, four Attorneys-at-law, two patent attorneys, and three representatives of the party should be allowed to have access in these proceedings re. provisional measures.) If the Judge Rapporteur, based on the reasoning of such Application, as an exception, finds that such preliminary order is not necessary, they must inform the party applying for protection of confidential information before any release of the unredaction version about their opinion and, at the same time, give them the opportunity to comment. This gives the concerned party (i.e. the applicant) the opportunity to react to the threat of the (from their point of view: confidential) information being released without protection and, given the case, declare that the concerned document(s) should not, or not as a whole, be introduced to the proceedings.

With every Application for protection of confidential information, an unredacted version of the document in question must be submitted.

In order to allow the Court to make an informed decision about the protection of the allegedly confidential information, they must always be provided with a fully unredacted version of the document in question together with the Application for protection of confidential information pursuant to R. 262A RoP. All submitted documents are subject to provisional confidentiality protection.

2. Division

Local Division of Dusseldorf

3. UPC number

UPC_CFI_463/2023

4. Type of proceedings

Application for protection of confidential information in proceedings re. provisional measures

5. Parties

10x Genomics, Inc.

Curio Bioscience Inc.

6. Body of legislation / Rules

Rules 262, 262A RoP

2024-02-14-LD-Dusseldorf-UPC_CFI_463-2023-ORD_8075-2024-App_7937-2024-App_8029-2024 anonymized 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.