2024-10-25 - LD Hamburg - 10x Genomics v. Vizgen - UPC_CFI_22/2023

Was ist diese UPC-Entscheidung?

Zusammenfassung: The judge-rapporteur of the Hamburg Local Division made a final confidentiality order under R. 262A RoP over the greyed-out passages of the claimants' observations on the defendant's third production request, restricting access to the parties' outside attorneys and their secretariats as recorded in the CMS legal team, and excluding employees and representatives of the parties. The order sets out the standard of proof: the existence of a trade secret need not be established to the Court's conviction but only on a predominant probability, which the Division derived from Art. 9(1) and (2) subparagraph 2(a) of Directive (EU) 2016/943 speaking of 'alleged trade secrets' in the alternative, and from Art. 58 UPCA extending protection beyond trade secrets to personal data and other confidential information. Applying the R. 262A.5 RoP balance, the Division held that the claimants' reasons considerably outweighed the defendant's interest in unrestricted access, the defendant having raised no objection when invited to comment under R. 262A.4 RoP. The obligations bind the named persons beyond the end of the proceedings, are enforceable by a penalty payment, and expressly leave untouched the access their counsel has in the parallel US action before the District of Delaware. The Division noted that such an order is not appealable per se under R. 220.1 RoP, that no party had sought leave under R. 220.3 RoP, and that granting leave of its own motion was not called for.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_22/2023