UPC CFI. CD MIlan, 5 June 2025: Legal fees as a confidential but not privileged information
21-08-2025 Print this pageIPPT20250605, UPC CFI, CD Milan, Eoflow v Insulet
Confidentiality club as to information regarding attorney’s fees and expenses incurred. (Article 58 UPCA, R. 262A RoP).
Protection cannot be recognized from the point of view of protecting the law firm about the disclosure of the costs it applies to patent litigation, but only from the point of view of the company, which is the sole beneficiary of the protection governed by Rule 262A RoP but not under the principle of attorney-client privilege.
In fact, rule 262A refers to information ‘contained in its pleadings’ and evidence thereof and, therefore, to information identifiable as company secrets in the sense previously referred to.
INSULET’s request to limit confidentiality to law firms’ representatives only is dismissed