Key takeaways
Amount of fine in the event of a breach of a confidentiality order
The decision relates to a review according to Rule 333 RoP of point 6.) of a confidentiallity order issued by the judge rapporteur on 19 December 2023.
It emphasized that while the Paris and Munich orders pertain to the same protected confidential information, they were issued by different divisions in distinct proceedings involving different patents. As such, the decision asserts that one division is not bound by decisions made in another division, even though they are part of the same unified court. Therefore, the request to harmonize the fine amount between the Paris and Munich orders (EUR 50,000 in the Paris order versus EUR 250,000 in the Munich order) was deemed unjustified.
The judge rapporteur is tasked with setting a fine limit that is proportionate and sufficiently dissuasive to ensure compliance with the confidentiality arrangements. For this, the judge rapporteur is free to set the fine as appropriate and is not bound by other divisions of the unified court. The value set by the judge rapporteur was found appropriate and proportionate, and the application to review was dismissed.
Division
Local Division Paris
UPC number
UPC_CFI_230/2023
Type of proceedings
Procedural order (review R.333)
Parties
Abbott NV / SA
Abbott GmbH
Abbott Laboratories
Abbott S.r.l.
Abbott Scandinavia Aktiebolag
Abbott B.V.
Abbott France
Abbott Logistics B.V.
Abbott Diagnostics GmbH
Abbott Diabetes Care Inc.
DexCom, Inc.
Patent(s)
EP 3 435 866
Body of legislation / Rules
Rules 262A and 262.2 RoP, Rule 333 RoP
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