Maxeon Solar v Aiko Energy Germany (CFI, ORD_60319/2024, 23 December 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 23 December 2024 (UPC_CFI_336/2024), Presiding Judge Thomas, as judge-rapporteur of the Düsseldorf Local Division, classified as confidential, in Maxeon Solar’s action for infringement of EP 3 065 184, the revenue, profit and sales figures of PowerDeal and Coenergia set out in the statement of defence and counterclaim for revocation of five defendants, together with Exhibits Aff3 and Aff4. The order admits a confidentiality request made after the documents were lodged, which is of direct practical interest.

Question

Is a confidentiality request that was not lodged together with the pleading, as Rule 262A.3 requires, admissible?

Decision

Yes. Although the formal requirements of Rule 262A.3 were not met, Rule 262.2 does not require the request to be made at the same time as the pleading. The request was therefore admissible (paragraph 2). The data reveal the profitability of the attacked products and the market position of the two companies, and the defendants explained in detail why they are neither generally known nor readily accessible: they are trade secrets (paragraph 3), protected on the basis of Article 9 of Directive 2016/943, Art. 58 UPCA and Rule 262A (paragraph 1). The request did not seek to restrict the claimant’s access. Requests concerning public access (Rule 262.1(b)), the oral hearing and the reasons of the judgment were reserved (paragraph 5).

Key points for practice

• Practical point: a late confidentiality request remains possible under Rule 262.2, but must explain precisely why the data are secret.

Provisions applied

Agreement on a Unified Patent Court

Art. 58

Rules of Procedure

Rules 262 and 262A

Directive (EU) 2016/943

Art. 9(1) and (2)(a)

Case law cited

Hamburg Local Division, Avago International Sales v Tesla Germany, 3 November 2023 (UPC_CFI_54/2023), Düsseldorf Local Division, 10x Genomics v Curio Bioscience, 11 March 2024 (UPC_CFI_463/2023), Düsseldorf Local Division, Magna International France v Valeo Electrification, 21 August 2024 (UPC_CFI_347/2024), Düsseldorf Local Division, Valeo v Magna, 9 September 2024 (UPC_CFI_347/2024)

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.