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
Related Cases
- UPC_CFI_454/2023 – Tandem Diabetes v Roche Diabetes
- UPC CFI 307/2023 – NJOY Netherlands B.V. v VMR Products LLC
- ACT 24460/2024 UPC CFI 202/2024 – Lindal Dispenser GmbH v Rocep-Lusol Holdings Limited
- UPC_CFI_189/2024; UPC_CFI_434/2024 – Meril v Edwards
- UPC CFI 315/2023 (571801/2023) – NJOY Netherlands B.V. v Juul Labs International, Inc.