Kinexon Sports & Media v Ballinno (CFI, 16 July 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 16 July 2025 (UPC_CFI_484/2025, ORD_27316/2025), the judge rapporteur Haedicke (Paris Central Division) ruled on the confidentiality of the cost figures contained in the application for a cost decision (Rule 151 RoP) filed by Kinexon after its revocation action against Ballinno concerning EP 1 944 067 (UPC_CFI_230/2024). The order draws a clear line between protection against the opponent and protection against the public.

Question

Does information on a party’s litigation costs justify restricting access by the opponent (Rule 262A RoP) or only by the public (Rule 262.2 RoP)?

Decision

The Rule 262A RoP application is denied: the justification, based on competition between the parties and between their representatives, is too general, the defendant’s right to a fair hearing carries particular weight, the information concerns neither the main subject matter nor Kinexon’s business directly, unlike research or licensing data, and restricting access to a single representative would be unduly burdensome. The implied request under Rule 262.2 RoP is granted, the threshold being lower: the information is not public and has economic value, and the public interest is served by the cost decision itself. Ballinno and its representatives may not bring the content of the application to the attention of third parties.

Key points for practice

• Practical point: a detailed breakdown of costs incurred may be kept from the public, but not from the opponent, who must be able to contest it.

Provisions applied

Agreement on a Unified Patent Court

Art. 58

Rules of Procedure

Rules 151, 262.2 and 262A

Case law cited

FUJIFILM v Kodak, 27 March 2024, Düsseldorf Local Division (UPC_CFI_355/2023), CEAD v BEGO Medical (UPC_CFI_367/2023), Edwards Lifesciences v Meril, Munich Local Division (UPC_CFI_815/2024), Insulet v EOFlow, Milan Central Division (UPC_CFI_477/2025)

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.