2024-10-14 - 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 R. 262A RoP confidentiality order over the claimants' observations on the defendant's third production request, taking as its subject the amended redacted version the claimants filed after the defendant's partial objection. The defendant, invited to comment under R. 262A.4 RoP, had raised no objection in principle but disputed that particular passages were confidential — the existence and parties of a licence agreement, which it said had been disclosed in published filings in the parallel US proceedings and were in any event covered by the order's own independent-knowledge exception. The claimants met that objection by re-redacting, so the Division made the amended version the subject of its order and closed the separate workflow rather than deciding it. On the circle of persons, the Division expressly adopted the position of The Hague Local Division in its order of 4 March 2024 in UPC_CFI_239/2023: a restriction to the parties' attorneys as a confidentiality club is permissible where both parties agree to it, which they did here, the claimants themselves consenting in line with the defendant's own request. The Division noted the order is not appealable per se under R. 220.1 RoP, that no party had sought leave under R. 220.3 RoP and that leave of the Court's own motion was not called for.

Quelle und Fundstellen

Quelle: UPC Case File

Aktenzeichen: UPC_CFI_22/2023