UPC CFI, LD Hamburg, Order to produce certain documents of parallel US proceedings
10-05-2026 Print this page
Panel review of order to produce documents which are the subject of parallel US proceedings (R. 333 RoP, Article 59 UPCA, R. 190 RoP).
Defence of abuse of rights can be considered by the UPC. Production of emails allegedly showing that the first claimant had acted, including the acquisition of […], with the aim of securing a dominant position in the SST market, and that the second claimant was aware that the […] licence or its transfer to the first claimant would harm the defendant. Production of documents regarding specific instructions by first claimant of its employees to destabilise the market.
Price-related abuse of a dominant position is not relevant either to the question of patent infringement or to any secondary claims arising from such infringement. The issue of an alleged restriction of competition resulting from a company’s pricing policy has no connection to a patent dispute.
Order is proportionate, documents are covered by confidentiality regime (R. 262A RoP) and disclosure is necessary as defendant has no other means to obtain knowledge of the documents because of US protective order and lack of consent for cross-use. Defendant not required to conduct evidence gathering proceedings in the USA in lieu of its applications for evidence production under Article 59 UPCA
