2026-03-18 - CoA - EOFLOW v. Insulet - UPC-COA-0000930/2025
- Aktenzeichen:
- UPC-COA-0000930/2025
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Final Order
- Parteien:
- EOFLOW Co., Ltd. v. Insulet Corporation
Kernaussage: ENGLISH:
2026-03-18 - CoA - EOFLOW
v.
Insulet - UPC-COA-0000930/2025
ENGLISH:
Trade secrets or other confidential information lose their character as trade secrets or other confidential information if they are disclosed to the other party without an order pursuant to R. 262A RoP, or without any other restriction, for example an agreement between the parties or a voluntary undertaking. A request under R. 262.2 RoP does not automatically lead to protection against the other party disclosing the information.
notable
The CoA dismissed EOFlow's appeal against the Milan CD's rejection of confidentiality requests under R. 262.2 RoP. The court held that trade secrets or other confidential information lose their protected character once disclosed to the opposing party without a R. 262A RoP order or other restriction (agreement, voluntary undertaking). A R. 262.2 request alone does not automatically protect against the other party disclosing information. There is no implicit procedural limitation on the use of information received through court-ordered accounting under Art. 67 UPCA. Information relating to a settlement agreement remained confidential in principle, but specific assertions already published in court orders had lost their protected status.
Stichwörter
ENGLISH:
"R. 262 RoP
R. 262A RoP
Trade secrets"