Düsseldorf Local Division UPC_CFI_460/2024

Procedural Order

of the Court of First Instance of the Unified Patent Court issued on 28 November 2024 concerning EP 3 320 604 B1

CLAIMANT:

Valeo Electrification, 14 avenue des Béguines, 95800 Cergy, France, represented by the President Thierry Kalanquin, with the same address,

Represented by:

Attorney-at-law Felix Rödiger, Attorney-at-law Jonas Smeets, Attorney-at-law Fabian Saupe, Bird & Bird LLP, Carl-Theodor-Straße 6, 40213 Düsseldorf, Germany,

Electronic address for service:

Contributing European patent attorneys:

felix.roediger@twobirds.com

Nicolas Cardon, Amandine Ricard, Pierre Prigent, Valeo Electrification, Cergy

DEFENDANTS:

• 1. Magna PT B.V. & Co. KG, Herrmann-Hagenmeyer-Str. 1, 74199 Untergruppenbach, Germany, represented by its general partner, Magna PT Management B.V., with the same address, which is jointly represented by the managing directors Thomas Klett and Sandro Gildo Morandini, with the same address,
• 2. Magna PT s.r.o., Perinska cesta 282, Kechnec 044 58, Slovakia, represented by its managing directors Martin Hluchý und Katarína Vaškovičová, with the same address,
• 3. Magna International France, SARL, 4 route de Gisy Bâtiment 26, Biévres 91570, France, represented by its managing directors Thierry Servouse and Franz Trummer, with the same address,

All Defendants represented by:

Attorney-at-law Klaus Haft, Attorney-at-law Sabine Agé, Attorney-at-law Sebastian Kratzer, Hoyng, ROKH, Monegier, Steinstraße 20, 40213 Düsseldorf, Germany,

Collaboratoring attorney:

Collaboratoring European Patent attorney:

PATENT IN SUIT:

EUROPEAN PATENT NO. EP 3 320 604 B1

PANEL/DIVISION:

Panel of the Düsseldorf Local Division

DECIDING JUDGES:

This order was issued by Presiding Judge Thomas acting as judge-rapporteur.

LANGUAGE OF THE PROCEEDINGS: English

SUBJECT: R. 262A RoP - Protection of confidential information

GROUNDS FOR THE ORDER:

This confidentiality order follows the orders already issued in the PI proceedings. In order to avoid repetition, reference is made in particular to the order made in the PI proceedings on 21 August 2024 ( ORD_48233/2024; App_46227/2024, UPC_CFI_368/2024).

The Court has granted the Claimant's request to the extend to add Florian Saadi to its team. In view of the parallel proceedings, the Claimant's wish to keep the teams parallel is reasonable.

There is no reason to extend the group of authorised persons beyond this. The authorised persons are free to grant access to other members of the team under the conditions and with the consequences set out in the order.

ORDER:

• I. The information contained in the Statement of defence (dated 8 November 2024) including Exhibits HRM 3a, HRM 3b, HRM 32, HRM 33, HRM 39 and HRM 40 and listed in more detail in the following table (and which are highlighted in grey in the briefs and in case of exhibits are named correspondingly) are classified as confidential within the meaning of Art. 58 UPCA, R. 262.2 RoP:

Attorney-at-law Dr Wolfgang Kellenter, Hengeler Müller, Benrather Straße 18-20, 40213 Düsseldorf, Germany,

European Patent Attorney Jan Ackermann, European Patent Attorney Felipe von Heereman, European Patent Attorney Dr Margarete Rittstieg, Cohausz & Florack, Bleichstraße 14, 40211 Düsseldorf, Germany

• II. Access to the unredacted version of the Statement of defence (dated 8 November 2024) including Exhibits HRM 3a, HRM 3b, HRM 32, HRM 33, HRM 39 and HRM 40 shall be restricted, on part of the Claimant, to the following persons:

• 1. the following representatives of the Claimant:

• Attorney-at-law Felix Rödiger

• Attorney-at-law Jonas Smeets

• Attorney-at-law Fabian Saupe

• Patent Attorney Nicolas Cardon

• Patent Attorney Amandine Ricard

• Patent Attorney Florian Saadi

• Patent Attorney Pierre Prigent

and their teams, actively involved in these proceedings, including other attorneys-at-law, patent attorneys and support staff;

• 2. the following natural reliable persons of the Claimant:
• Valeo Power Division, Finance Vice President Emilie Ha
• Valeo Power Division, Group Customer Vice President Michael Keller
• Valeo Power Division, General Counsel Sheila O'Donnell;
• 3. the following attorneys-at-law:
• Attorney-at-law Kristina Maria Weiler, Freshfields Bruckhaus Deringer, Hamburg
• Attorney-at-law Dr. Michael Rohls, Freshfields Bruckhaus Deringer, Munich.
• III. Information classified as confidential in paragraph I. shall be treated as such by the Claimant's representatives and their teams and by the Claimant's natural reliable persons until further notice and shall not be used or disclosed outside of these court proceedings, except to the extent that it has come to the knowledge of the receiving party outside of these proceedings, provided that the receiving party has obtained it on a non-confidential basis from a source other than the Defendants or their affiliates, provided that such source is not bound by a confidentiality agreement with or other obligation of secrecy with the Defendants or their affiliates.
• IV. In the event of a culpable breach of this order, the Court may impose a penalty payment for each breach, to be determined having regard to the circumstances of each case.
• V. If the Claimant's representatives named in paragraph II. 1. above make use of the possibility of giving access to confidential information to other members of their team, it is their responsibility to ensure that their team maintains the confidentiality of the information. In the event of a culpable breach of the confidentiality obligations, Felix Rödiger, Jonas Smeets, Fabian Saupe, Nicolas Cardon, Amedine Ricard, Florian Saadi and Pierre Prigent would therefore be liable. This also applies to any breach of the duty of confidentiality by any member of their team to whom they have granted access.

DETAILS OF THE ORDER:

App_60286/2024 under main file reference ACT_44736/2024

UPC number:

UPC_CFI_460/2024

Type of procedure:

Infringement action

Issued in Düsseldorf on 28 November 2024 NAMES AND SIGNATURES Presiding Judge Thomas