2024-05-15 - LD The Hague - Plant-e Knowledge v. Arkyne Technologies - UPC_CFI_239/2023
- Aktenzeichen:
- UPC_CFI_239/2023
- Datum:
- Spruchkörper:
- Court of First Instance - The Hague (NL) Local Division
- Art:
- Application Order
- Parteien:
- Plant-e v. Arkyne Technologies
Kernaussage: closure of CMS only
2024-05-15 - LD The Hague - Plant-e Knowledge
v.
Arkyne Technologies - UPC_CFI_239/2023
closure of CMS only
notable
The Hague Local Division, acting through its judge-rapporteur, granted defendant Bioo's R. 262A RoP application to protect experimental research data filed with its rejoinder in a Plant-e infringement action, but expanded the requested confidentiality club. The Court held that information protected by a third-party NDA and not shared with the public or competitors can readily be treated as confidential under Art. 58 UPCA and R. 262A.1 RoP, rejecting Plant-e's argument that the public sale of the relevant devices (Bioo Panels) renders test results conducted on them public as well. On the composition of the confidentiality club, the Court applied R. 262A.6 RoP's proportionality standard: where the redacted information is crucial to the defendant's non-infringement case, access must be broad enough to allow the claimant a fair trial, including its full legal team, its party expert and more than one natural person with distinct technical expertise. Use of the information was restricted to the main infringement action (not the counterclaim), and a per-breach penalty of up to EUR 100,000 was ordered under Art. 82(4) UPCA and R. 354(3) RoP.
Stichwörter
CMS