Unified Patent Court
Local Division Munich
Einheitliches Patentgericht
Juridiction unifiee du brevet
UPC_CFI_201/2024
Order
of the Court of First Instance of the Unified Patent Court
in the proceedings for preliminary measures
related to European Patent 2 152 073
delivered on 16.06.2024
CLAIMANT/S
| 1) | Syngenta Limited | Represented by | Jörn Peters |
|---|---|---|---|
| Jealott’s Hill International Research Centre - RG42 6EY - Bracknell, Berkshire - GB |
DEFENDANT/S
| 1) | Sumi Agro Limited | Represented by | Gareth Williams and Johannes Heselberger |
|---|---|---|---|
| 2) | Sumi Agro Europe Limited | Represented by | Gareth Williams and Johannes Heselberger |
| BĂĽrgermeister-Neumeyr-Str. 7 - 85391 - Allershausen - DE |
PATENT AT ISSUE
| Patent no. | Proprietor/s |
|---|---|
| EP2152073 | Syngenta Limited |
DECIDING JUDGE
COMPOSITION OF PANEL – FULL PANEL
| Presiding judge and Judge-rapporteur | Matthias Zigann |
|---|---|
| Legally qualified judge | Tobias Pichlmaier |
| Legally qualified judge | Walter Schober |
The order was made by Presiding Judge Matthias Zigann, acting as Judge-Rapporteur.
REQUESTS
Defendants request:
That the information contained in Confidential Exhibit SA-1 and in Confidential Exhibit SA-9 is confidential information pursuant to R. 262A RoP, which is to be treated as strictly confidential and may not be used or disclosed outside the present legal dispute, even after its conclusion; the Applicant may only make the designated information accessible internally to such reliable employees who have a legitimate interest in it. The persons with access to confidential information are to be named to the Court and the Respondents. Any further access to the designated information must be declared inadmissible.
Claimant does not formally object to the application of the Defendants to treat the information contained in “Confidential Exhibits SA-1” and “Confidential Exhibit SA-9” confidential. It has provided a list of employees within the Claimants group of companies who will get access to the Exhibits in accordance with the Court’s order, namely and
GROUNDS
The 262A application was submitted under APP_33361/2024. Due to a malfunction of the CMS, it is not possible to work on the application within this workstream. Therefore, the current workstream ORD_33490/2024 has been opened.
Claimant argues that the “Confidential Exhibits” in their view contain very little information that may be regarded as confidential within the meaning of the applicable Rules of Procedure, however it does not formally object to the application of the Defendants to treat the information contained in “Confidential Exhibits SA-1” and “Confidential Exhibit SA-9” confidential. Defendants have provided further grounds for their request. Claimant has not further commented on these further grounds. Therefore, confidentiality protection is to be provided as requested.
ORDER
The information contained in Confidential Exhibit SA-1 and Confidential Exhibit SA-9 is confidential information within the meaning of R. 262A of the Rules of Procedure, which must be treated as strictly confidential and may not be used or disclosed outside the present proceedings, even after their conclusion; the Claimant may only make the confidential information accessible to and Any other access to the confidential information is hereby prohibited.
Digital unterschrieben von
Matthias ZIGANN
Datum: 2024.06.16
11:54:42 +02’00’
Dr. Zigann
Presiding Judge and Judge-rapporteur
ORDER DETAILS
| ACTION NUMBER: | ACT_23636/2024 |
|---|---|
| Application number: | APL_33361/2024 |
| ORD number: | ORD_33490/2024 (3) |
| UPC number: | UPC_CFI_201/2024 |
| Application Type: | 262A |