2026-09-25 - CoA - Viessmann Gesellschaft v. Bekaert et al. - UPC-COA-0000141/2026
- Aktenzeichen:
- UPC-COA-0000141/2026
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Decision
- Parteien:
- Viessmann Gesellschaft m.b.H. v. NV Bekaert SA, Polidoro S.p.a., Bekaert Combustion Technology B.V.
Kernaussage: The Court of Appeal judge-rapporteur granted a third party, which the patentee had sued separately on the same patent, access under R.
2026-09-25 - CoA - Viessmann Gesellschaft
v.
Bekaert et al. - UPC-COA-0000141/2026
routine
The Court of Appeal judge-rapporteur granted a third party, which the patentee had sued separately on the same patent, access under R. 262.1(b) RoP to the written pleadings of two appeals that had been closed after withdrawal. Applying the balance between the requester's interest and the Art. 45 UPCA interests set out in Nicoventures and the individual assessment required by Gowling, the Court held that the purpose of preparing a defence, including an invalidity defence, in the pending action is a legitimate interest, and the parties did not object. Access was limited to documents actually lodged on appeal and each document was released only once: no exhibits had been filed with the statement of appeal because the Court of Appeal consults the first-instance file under R. 222.1 RoP, and five documents were identical in both appeals. The Registry redacts personal data before release.