2023-12-19 - LD Paris - DexCom v. Abbott - UPC_CFI_230/2023
- Aktenzeichen:
- UPC_CFI_230/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Local Division
- Art:
- Order
- Parteien:
- Dexcom, Inc. v. Abbott Laboratories, Abbott Diabetes Care inc, Abbott France, Abbott NV/SA, Abbott B.V, Abbott S.r.l, Abbott Sacandinavia Aktiebolag, Abbott GmbH, Abbott Diagnostics Gmbh, Abbott Logistics B.V
Kernaussage: Setting of a confidentiality club -an access necessary and appropriate -Proportionality principle
2023-12-19 - LD Paris - DexCom
v.
Abbott - UPC_CFI_230/2023
Setting of a confidentiality club -an access necessary and appropriate -Proportionality principle
notable
The Paris Local Division set up an R. 262A RoP confidentiality club for Abbott's Statement of Defence in Dexcom's infringement action over EP 3 435 866, applying Art. 58 UPCA, R. 262A.6 RoP and Art. 9.3 of EU Directive 2016/943 through the lens of proportionality. The Court excluded the redacted SoD information from the public register under R. 262.2 RoP and then broadened the access side of the confidentiality club beyond what Abbott had sought: access extended not only to the two Dexcom attorneys of record but also to their CMS 'Legal team', the teams handling parallel UPC proceedings before the Paris and Munich LDs, three named natural persons, and experts and witnesses — all subject to NDAs. Access was refused to representatives in national proceedings outside the UPC (Spain, UK, US) on the ground that such extension would weaken the efficiency of the confidentiality measure. The penalty threat under R. 354.3 RoP was reduced from the €250,000 requested to €50,000 per culpable breach, in part because some of the information had already been disclosed in parallel German national proceedings without confidentiality restrictions.
Stichwörter
Trade secret protection. Confidentiality club. Fine for breach. Legal grounds: EU Directive 2016/943 on Trade secret, Art.58 UPCA and R.262A RoP