ArcelorMittal v XPENG (CFI, 19 February 2025)
| Date | 19 February 2025 |
|---|---|
| Court | CFI |
| Division | Paris (FR) Local Division |
| Type of action | Generic Order |
| Registry reference | ORD_8329/2025 |
| Parties | POSCO |
Official decision (PDF) · UPC registry entry
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
By order of 19 February 2025 (UPC_CFI_583/2024, ACT_54607/2024, ORD_8329/2025), the judge-rapporteur of the Paris Local Division (Judge Lignières) granted POSCO, as a member of the public, access to ArcelorMittal’s statement of claim and its exhibits, except Exhibit 8, which is covered by a confidentiality order, in the infringement action on EP 3 290 200 against XPENG Inc. and sixteen other defendants. The order accepts that an interest tied to claim interpretation in parallel EPO opposition proceedings can justify access, even at an early stage.
Question
Does a third party pursuing an opposition appeal against the same patent before the EPO have a sufficient interest in accessing the pleadings of an infringement action that has barely begun (Rule 262.1(b))?
Decision
Yes, to a limited extent. A reasoned request must show a concrete, verifiable and legitimate interest, weighed against the integrity of the proceedings. Only the statement of claim had been filed, with no debate on validity, but claims must be interpreted in the same way for infringement and validity, according to the Court of Appeal, which gives POSCO a legitimate interest in seeing the statement of claim and its exhibits. Exhibit 8, confidential and irrelevant to the scope of protection, was excluded, as were purely procedural filings (service dates, change of language). ArcelorMittal opposed the request. The defendants left it to the court.
Key points for practice
- An EPO opponent’s interest in knowing the claim interpretation advanced by the proprietor before the UPC can ground access to the statement of claim.
- Practical point: an access request should target the pleadings relevant to the interest relied on, exhibits covered by a confidentiality order remain excluded.
Provisions applied
- Agreement on a Unified Patent Court
- Art. 45
- Rules of Procedure
- Rules 262.1(b) and 333
- Case law cited
- Sanofi v Amgen, Munich Central Division, 20 September 2023 (UPC_CFI_1/2023), Paris Central Division (UPC_CFI_316/2023), Court of Appeal (UPC_CoA_335/2023 and UPC_CoA_1/2024).
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.
Going further
Lexicon: Written procedure (UPC), Court fees and costs (UPC).
Source and translations
- Official source
- Unified Patent Court registry link recorded in the record
- Original language
- not recorded
- Translation available
- no translation recorded the firm’s French record is a summary, not a translation
- Date checked
- not recorded
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Proceedings
Parties
- claimantPOSCOFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Generic Order
- Outcome (Dhenne Avocats summary)
- POSCO obtient l'accès au mémoire introductif d'ArcelorMittal et à ses pièces, hors pièce confidentielle, en raison de son intérêt lié à l'interprétation des revendications dans l'opposition parallèle.
- Appeal
- No appeal documented in the corpus, this does not mean that no appeal was lodged.
- Instance
- First-instance decision, whether it has become final is not recorded.
Patents mentioned
EP 3 290 200mentioned in: Dhenne Avocats analysis Follow this patent
Related decisions cited in the analyses
- Sanofi-Aventis Deutschland v Amgen (CFI, 20 September 2023) cited in this record
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 3 290 200 | Mentioned in the analysis (role not qualified) Also mentioned in 2 other decision(s): ArcelorMittal v XPENG (CFI, 29 April 2025) · ArcelorMittal v XPENG (CFI, 9 January 2025) | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: Dhenne Avocats analysis |
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