UPC CFI LD Vienna, 12 August 2024: Access denied at current stage of proceedings - no concrete interest

Petitioner’s request for access to the Statement of claim, the pleadings including the evidence rejected at the current stage of the proceedings (Article 45 UPCA, Rule 262 RoP). 

The general interest of justice includes the protection of the integrity of the proceedings. 

During pending proceeding the access requested by the applicant must have a significant impact on its circumstances and the interest must be concrete. 

In order to assess whether the applicant's product fulfils one or more features of the patent in suit, it does not need the statement of claim including the evidence of these ongoing proceedings. 

IPPT20240812, UPC CFI, LD Vienna, Swarco v Strabag