UPC Court of Appeal

UPC Court of Appeal Grants Again Public Access to Written Pleadings and Evidence

Introduction

In an order issued on January 9, 2024, the Court of Appeal of the Unified Patent Court (UPC) reinforced the principles of transparency and public access to court proceedings under Rule 262.1(b) of the Rules of Procedure (RoP). The case, arising from a dispute involving Abbott Diabetes Care Inc. and Sibionics, clarified the public's right to access written pleadings and evidence from first-instance proceedings, even when an appeal is pending or the case involves provisional measures.

Public Interest in Transparency

The Court affirmed that the public has a general interest in accessing pleadings and evidence to better understand decisions rendered by the UPC. This interest is rooted in ensuring trust and transparency in judicial proceedings. Importantly, this principle applies regardless of whether an appeal is pending or whether the case involves provisional measures, such as injunctions.

Independence of Proceedings

The Court emphasized that proceedings at the first instance and on appeal should be treated independently for the purposes of public access. Once a decision or order concludes the first-instance proceedings, access to the related documents cannot be withheld on the grounds of pending appeals or potential parallel proceedings.

Balancing Transparency and Confidentiality

While the general rule is to allow public access, the Court highlighted that parties retain the right to request the exclusion of certain confidential or personal data from public disclosure. In this case, Abbott did not make such a request, leading to the Court's decision to allow full access.

Implications for Future Cases

This decision provides clear guidance for parties involved in UPC proceedings, particularly regarding the treatment of written pleadings and evidence post-decision. Litigants should be prepared for their submissions to become publicly accessible unless compelling confidentiality concerns are raised and substantiated.

The Court also addressed concerns about overlapping issues in parallel cases, stating that public access to documents from one case does not inherently compromise the integrity of related proceedings. This reinforces the principle that transparency does not conflict with fair trial rights when proper safeguards are in place.
 

Key Takeaways

• Transparency Prevails: The UPC Court of Appeal reaffirmed that the public has a right to access written pleadings and evidence after first-instance decisions, even if appeals or related proceedings are pending.
• Confidentiality Requests Crucial: Litigants must proactively request the exclusion of confidential information to prevent public disclosure, as the default rule prioritizes transparency.

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