2025-08-01 - LD Brussels - Genentech et al. v. Organon et al. - UPC_CFI_407/2025
- Aktenzeichen:
- UPC_CFI_407/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Brussels (BE) Local Division
- Art:
- Order
- Parteien:
- Genentech, Inc. F. Hoffmann-La Roche AG v. Organon & Co Organon Heist B.V. N.V. Organon Shanghai Henlius Biotech, Inc.
Kernaussage: In saisie proceedings the Brussels Local Division ruled on an application by the seized party for protection of confidential information under Art.
2025-08-01 - LD Brussels - Genentech et al.
v.
Organon et al. - UPC_CFI_407/2025
notable
In saisie proceedings the Brussels Local Division ruled on an application by the seized party for protection of confidential information under Art. 58 UPCA, R. 262.2 and R. 262A.1 RoP, filed ex parte with its substance withheld from the other side's representative. The Court held that R. 262A.4 RoP obliges it to invite the other parties' written comments before making any order under R. 262A.1 RoP, so an application whose confidential core the other side's counsel may not see cannot be decided as filed. Rather than dismiss outright — which would risk the applicant losing the five-working-day deadline after which the seized material would count as non-confidential, and would be disproportionate — it dismissed the R. 262A.1 requests only provisionally, and held that the date of a properly filed inter partes application would be taken into account for the earlier deadlines. The requests for destruction and deletion of the seized documents were likewise provisionally dismissed, to be brought either in the inter partes R. 262A.1 application or in an independent R. 9 RoP application. Confidentiality from the public under R. 262.2 RoP was granted provisionally, subject to reassessment should a member of the public request access.