2024-10-24 - LD Hamburg - 10x Genomics v. Vizgen - UPC_CFI_22/2023

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Hamburg Local Division (judge-rapporteur Klepsch), deciding under R. 262A RoP and Art. 58 UPCA in light of Art. 9 of EU Trade Secrets Directive 2016/943, granted an 'Outside Attorneys' Eyes Only' confidentiality order over a license agreement and related agreements produced in an infringement action over EP 4 108 782. The defendant did not dispute the trade-secret character of the documents but opposed excluding all of its own personnel, invoking the R. 262A.6 RoP rule that a confidentiality club must include at least one natural person per party. The Court confirmed that this natural-person requirement may be waived by mutual party consent and found such consent in the parties' exchange of US-counsel correspondence agreeing to transpose the Delaware federal court's Protective Order (covering the same documents in parallel discovery) into the UPC proceedings. The resulting asymmetry with a separate license agreement filed by the defendant did not override the parties' bargained-for confidentiality regime.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_22/2023