In a decision dated 25 April 2025 (UPC_CoA_5/2025), the Court of Appeal of the Unified Patent Court clarified the conditions under which a member of the public may obtain access to written pleadings and evidence under Rule 262.1(b) RoP. The decision sets out important principles regarding admissibility, timing, and permissible use of documents accessed in ongoing UPC proceedings.
Nicoventures Trading Ltd, a party to pending EPO appeal proceedings concerning the patent-in-suit (EP 3 498 115), requested access to written pleadings and evidence from appeal case APL_289/2025 (originating from UPC_CFI_309/2023, a revocation action before the Central Division in Paris). The applicant sought immediate access to specific documents and any additional materials in the casefile at the time of decision.
Juul Labs, the appellant, and NJOY, the respondent, objected. They argued the request was overly broad, included documents not yet in the file, and raised concerns over potential misuse in parallel EPO proceedings.
The Court partially granted the request and provided key clarifications:
The Court held that written pleadings or evidence submitted after the access request but before the parties submitted comments could be included in the grant, so long as the initial request clearly covered them.
The Court rejected Nicoventures’ attempt to obtain future filings or unspecified materials. Any such documents would require a fresh application.
To protect the integrity of the UPC proceedings, Nicoventures was prohibited from filing the accessed pleadings (or excerpts) with other courts, including the EPO Boards of Appeal, until the appeal is resolved. However, it may use the arguments and prior art, or inform the EPO that they have been raised in UPC proceedings.
This decision follows and further develops the Court's reasoning in Ocado (UPC_CoA_404/2023), reinforcing a structured, case-by-case approach to access and reinforcing the UPC's commitment to both openness and procedural integrity.
