2023-11-17 - CD Munich - ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE v. Healios K.K et al. - UPC_CFI_80/2023
- Aktenzeichen:
- UPC_CFI_80/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Central Division - Section
- Art:
- Order
- Parteien:
- ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE v. HELIOS K.K, OSAKA UNIVERSITY
Kernaussage: Early CFI order (one of the first under Rule 262A RoP) restricting access to a confidential annex submitted in the context of a stay request pending EPO opposition.
2023-11-17 - CD Munich - ASTELLAS INSTITUTE FOR REGENERATIVE MEDICINE
v.
Healios K.K et al. - UPC_CFI_80/2023
notable
Early CFI order (one of the first under Rule 262A RoP) restricting access to a confidential annex submitted in the context of a stay request pending EPO opposition. Following the Hamburg LD's approach, the Munich Central Division held that, although the annex's commercially sensitive character was undisputed, access could be restricted to the minimum number of persons necessary under Rule 262A.6 RoP. The Court rejected the defendants' demand for unrestricted access, finding that the claimant's legal position was already set out in the non-confidential pleadings, and limited access to three natural persons plus UPC representatives. The Court also treated the claimant's request to exclude third-party CMS access as a Rule 262.2 RoP request and ordered a redacted version to be filed.