UPC Court of Appeal Limits Confidential Access Pending Party Comments
On 14 October 2026, the UPC Court of Appeal in Fives ECL v REEL GmbH provisionally restricted access to allegedly confidential information to legal representatives, pending comments from the other party (IPPT20261014). The Court relied on Article 58 of the Unified Patent Court Agreement and Rule 262A.4 of the Rules of Procedure.
The decision stresses that before making a confidentiality order, the Court must invite written comments from the representatives of the other parties. For litigants, that means confidentiality requests should be prepared with clear designations and a process for the other side to respond, rather than expecting an ex parte seal.
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