2025-06-16 - LD Hamburg - Roche v. Tandem Diabetes et al. - UPC_CFI_88/2024

Was ist diese UPC-Entscheidung?

Zusammenfassung: The judge-rapporteur of the Hamburg Local Division classified the content of a settlement agreement filed in the proceedings as confidential under R. 262A RoP, on an application by the claimant and the second counterdefendant to which the two non-settling defendants agreed. She grounded the order in Art. 9(1) and (2), second subparagraph, point (a) of Directive (EU) 2016/943, which allows access to documents containing trade secrets to be restricted to a limited number of persons, in Art. 58 UPCA and in its implementation by R. 262A RoP, and found the requirements of R. 262A.2 and .3 RoP met. Access on the part of the non-settling defendants is limited to their legal representatives registered in the CMS as the legal team for this dispute, on an outside attorneys' eyes only basis, and those representatives are bound to secrecy towards their own clients unless they can show they lawfully learned the information outside these proceedings. The obligation extends beyond this litigation and use is confined to it, backed by a penalty payment for each instance of non-compliance. The order is not appealable per se under R. 220.1 RoP, no party had requested leave under R. 220.3 RoP, and the judge-rapporteur saw no need to grant leave of her own motion; her competence to make the order in the written procedure follows from R. 331.1 in conjunction with R. 334 and 335 RoP.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_88/2024