1. Key takeaways
Protection of confidential information (keynotes)
- 1. The protection of confidential information contained in pleadings and annexes can only be requested within a workflow pursuant to Rule 262 and/or 262A of the Rules of Procedure at the same time as the initial filing or within 14 days.
- 2. Unlike the standard practice in national proceedings in Germany, these requests must be repeated when further pleadings and annexes are filed.
- 3. In exceptional cases, limited protection under Rule 262A of the Rules of Procedure may be provided within the CMS workflow under Rule 9 RoP.
- 4. If the need for protection of the confidential information is undisputed between the parties, no further judicial review of the need for protection is required.
- 5. The amount of a penalty payment under Rule 354.3 of the Rules of Procedure is limited by the request.
2. Division
Local Division (Section Munich)
3. UPC number
UPC_CFI_181/2023
4. Type of proceedings
Infringement Action
5. Parties
Claimant: KraussMaffei Extrusion GmbH (Laatzen, DE)
Defendant: TROESTER GmbH & Co. KG (Hannover, DE)
6. Patent(s)
EP 3221117 B1
7. Body of legislation / Rules
Art. 76 UPCA; R. 4.1 RoP; R. 262 RoP; R. 262a RoP
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