UPC CFI, LD Düsseldorf, 3 February 2025: Addition of persons to confidentiality club
20-02-2025 Print this page
Addition of persons to confidentiality club (R. 262A RoP).
No reason not to include independent patent consultant for Maxeon Solar and involved in all patent matters. He provides support in the preparation of written submissions and thus requires unrestricted access to all the revenue, profit and sales figures. The fact that Mr. […] is not an employee of the Claimant or an affiliated company, but an independent consultant, does not in itself justify denying him access per se. It may be that the Claimant does not have authority to instruct him. However, he is also subject to the confidentiality order. In the event of a breach of this order, a penalty payment may be imposed on him.
No reason to grant Ms […] a lawyer and Chinese patent agent representing Maxeon Solar in licensing matters […] separate access to this information. If, as indicated by the Claimant, she is involved in the proceedings and all decisions in the parallel Mannheim proceedings as well as in the UPC proceedings are coordinated with her, the Claimant's representatives are free to include her in their legal team, although they would then also be liable for any breaches of the confidentiality order by Ms […].