UPC_CFI_255/2023 (CC_584916/2023 and CC_585030/2023), ORD_36095/2024 – Swat vs Meril and Edwards

Court
Central Division Paris
Date
Outcome
Granted
Sector
Other
Decision Type
PROCEDURAL

Expert Commentary

Swat’s request: 1. Swat demands all pleadings and evidence in the revocation action between Meril and Edwards. 2. Swat claims direct interest because it is developing similar device. Order of the JR: 1. Developing a product in the same area is not a specific interest. 2. However, case is terminated, and the request is reasoned (because they plan to enter a market in which the patent is relevant). 3. The JR refuses the requests by (one of the parties) (a) to restrict the order to only invalidity documents; (b) to prohibit use of the documents in court proceedings against a party and (c) to keep the documents confidential. Decision: JR grants Swat’s application, gives leave for appeal and suspends the decision pending the appeal term and a possible appeal. Comment: If a party does not want that certain information is kept confidential it should make sure that it acts timely (R. 262.2 RoP).

Key Holdings

  • The Judicial Rapporteur (JR) granted Swat's request for access to pleadings and evidence in a terminated revocation action, finding that planning to enter a relevant market constituted a reasoned interest under R. 262 RoP.
  • The JR rejected requests to restrict access to invalidity documents, prohibit use in court proceedings, or maintain confidentiality.
  • Leave for appeal was granted, and the decision was suspended pending the appeal term and potential appeal.
  • The comment emphasizes the importance of timely action under R. 262.2 RoP for parties wishing to keep information confidential.

Tags

  • Access to File
  • Confidentiality
  • Revocation
  • Rules of Procedure

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