UPC Local Division: Information Transmission

The claimant demands that a third party in ancillary proceedings transmit information in accordance with R 191 Alt 2 RoP. The defendant and the third party objected to the requested information transmission, with the third party reserving the right to make further submissions after receiving access to the file of the main proceedings. Previously, the third party had filed an application for access to the file of the main proceedings for the purpose of defending against the application for information transmission, and in doing so also sought access to the confidential information relating to the attacked embodiments that was protected by access restrictions. Thereupon, the claimant requested a declaratory judgment that the information sought by the third party in their request for information transmission is not relevant to the decision. The application is inadmissible. Such an application combined with the withdrawal of the application under R 191 Alt 2 RoP on the condition that the court determines the lack of relevance to the decision is regularly to be interpreted as the application under R 191 Alt 2 RoP itself being made conditional on the requested information being relevant to the decision (LK Mannheim 27. 3. 2025, CFI 471/2023).