2023-09-20 - CD Munich - Sanofi v. Amgen - UPC_CFI_1/2023
- Aktenzeichen:
- UPC_CFI_1/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Central Division - Section
- Art:
- Order
- Parteien:
- Amgen, Inc. v. Sanofi-Aventis Deutschland GmbH
Kernaussage: Rule 262.
2023-09-20 - CD Munich - Sanofi
v.
Amgen - UPC_CFI_1/2023
Rule 262.1(b) RoP requires a concrete and verifiable, legitimate reason for making available
written pleadings and evidence upon a request by a member of the public. The wish from a
natural person to form an opinion on the validity of a patent out of a personal and a professional
interest is not a legitimate reason as required by Rule 262.1(b) RoP.
landmark
Foundational CD Munich order on Rule 262.1(b) RoP public-access requests, issued one day before the parallel order in UPC_CFI_75/2023 and expressly cross-referenced there. The Court held that Rule 262.1(b) RoP requires a concrete, verifiable, legitimate reason tied to the specific documents requested. The Court rejected the applicant's structural and historical arguments (i) that the 18th draft RoP amendments were only about GDPR/confidentiality and therefore no specific reason should be required for non-confidential material — Rule 262 paragraphs 2-6 already handle confidentiality; Rule 262.1 first sentence handles GDPR redaction; the "reasoned request" requirement is independent; and (ii) that a "general principle of publicity" compels access — Art. 45 UPCA (open hearings), Art. 10.1 UPCA (public register), Art. 23 Statute (published decisions), Art. 35(5) Statute (decisions read in open court), and Rule 115 RoP together protect publicity without requiring access to all pleadings; General Court RoP Art. 38 confirms a "legitimate interest" requirement at EU level. On the facts, a "wish to form an opinion on the validity of the patent" out of a personal and professional interest was rejected — access is not necessary because the applicant can study the patent, its public prosecution history and the prior art.
Stichwörter
Rule 262.1(b) RoP request (rejected). Legitimate reason for access (no).