KraussMaffei Extrusion v TROESTER (CFI, 27 December 2023)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 27 December 2023 (UPC_CFI_181/2023, ACT_528357/2023, ORD_588953/2023), the presiding judge and judge-rapporteur of the Munich Local Division (M. Zigann), in KraussMaffei Extrusion GmbH’s action against TROESTER GmbH & Co. KG for infringement of EP 3 221 117, exceptionally granted limited protection for confidential information although the defendant had not used the CMS workflow under Rule 262A RoP in time. Leave to appeal was granted, as the issue is of general significance.

Question

Can the court protect confidential information where the party failed to upload the redacted versions through the dedicated workflow in time, and against whom?

Decision

Parties must use the official forms and workflows (Rule 4.1 RoP), as the redacted versions were not uploaded on first filing, the Rule 262 and 262A workflows could no longer be opened (paragraphs 1 and 2). Since the information was undisputedly confidential, the judge did not reject the request but provided limited protection in a workflow opened under Rule 9 RoP (paragraph 3): the claimant must treat as confidential the information designated in paragraphs 62 to 66 of the relevant pleading and in exhibits WKS 3a and 3b, and must not use it outside the proceedings, on pain of a penalty of up to EUR 100,000 per culpable breach, capped at the amount requested (Rule 354.3 RoP, Art. 76(1) UPCA). This is a lesser measure than an access restriction under Rule 262A.1 RoP (paragraph 7(b)). No order can be made against other persons, as the Rules make no provision for it (paragraph 7(c)).

Key points for practice

• Practical point: redacted versions must be uploaded on first filing, otherwise the protection available is limited and the disadvantages fall on the defaulting party.

Provisions applied

Agreement on a Unified Patent Court

Art. 73(2)(b) and Art. 76(1)

Rules of Procedure

Rules 4.1, 9, 220.2, 224.1(b), 262, 262A and 354.3

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.