1. Key takeaways
Information on litigation costs does not justify confidentiality order vis-à-vis parties (R. 262A), but shall be treated confidential vis-à-vis the public (R. 262.2 RoP).
The information regarding the litigation costs does not concern the main subject matter of the (revocation) proceedings and does not directly influence claimant´s business activities. Defendant has a right to access the information regarding the cost of proceedings and the associated right to a fair hearing, i.e. the fundamental right to be heard and the right to a fair trial are affected by a possible confidentiality order under R. 262A RoP.
For an application under R. 262.2 RoP, only the general public`s interest in information must be taken into account. The information concerning litigation costs is not publicly available information both for the legal representative and for Claimant. The information is strategic financial information that is not accessible to Claimant's competitors; and its disclosure would allow conclusions to be drawn about Claimant's internal resource allocation. The information is of economic value also for the representative, as law firms that handle patent law mandates are in direct competition with each other in terms of their invoiced costs.
Requests for confidentiality of the information vis-à-vis the defendant (R. 262A) implicitly contain a request for confidentiality of the information vis-à-vis the public (R. 262.2).
The requests expressly made by the claimant for confidentiality of the information vis-à-vis the defendant pursuant to R. 262A RoP implicitly contain a request for confidential treatment of the information vis-à-vis the public pursuant to R. 262.2 RoP.
2. Division
CD Paris
3. UPC number
UPC_CFI_484/2025
4. Type of proceedings
Application for protection of confidential information (R. 262A RoP)
5. Parties
Kinexon Sports & Media (claimant, applicant) v Ballinno B.V. (defendant)
6. Patent(s)
EP 1 944 067
7. Subject of proceedings
Application of a cost decision (R. 151 RoP), application for protection of confidential information (R. 262a RoP)
8. Body of legislation / Rules
Rule 262.2, 262A RoP
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
