3V Sigma v ACEF (CFI, 23 September 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 23 September 2025 (UPC_CFI_342/2025), issued in Italian, the judge-rapporteur of the Milan Local Division organised access to the documents gathered when a seizure to preserve evidence was executed for 3V Sigma against ACEF and AGA. He refused to exclude the applicant’s representatives from the confidentiality club and also admitted one independent consultant and one officer of 3V Sigma. The order is a reminder that restricting access under Rule 262A must rest on concrete reasons.

Question

May the defendant have the applicant’s representatives and its sole natural person kept away from confidential technical information obtained through a seizure?

Decision

3V Sigma’s access to documents 1, 2, 19 and 20, which fell outside the seizure order, was barred, as the applicant had accepted. Documents 3 to 18, mainly technical data from the manufacturer of the filter at issue received under a duty of confidence, were classified as confidential within Article 58 UPCA. Absent any concrete reason, excluding the applicant’s representatives, which would depart from the ordinary regime of Article 9 of Directive (EU) 2016/943 and Rule 262A, was refused, their teams have access under their responsibility. Only one independent consultant was admitted, the technical issues not warranting more, together with one natural person from 3V Sigma, Rule 262A.6 requiring at least one person from each party. Access was set for 21 October 2025, unless review is sought.

Key points for practice

• Excluding a party’s representatives from the confidentiality club requires concrete reasons, which will seldom be present.
• The number of consultants admitted is proportionate to the technical complexity of the case.

Provisions applied

Agreement on a Unified Patent Court

Arts 58 and 60(6)

Rules of Procedure

Rules 197.3, 262A and 333

Other provisions

Directive (EU) 2016/943, Art. 9

Case law cited

Düsseldorf Local Division, 15 July 2025 (UPC_CFI_181/2024), Court of Appeal, 12 February 2025 (UPC_CoA_621/2024), Court of Appeal, 3 July 2025 (UPC_CoA_221/2025)

Related decisions

• 3V Sigma v AGA-ACEF, 19 May 2025, order to preserve evidence.
• 3V Sigma v A.G.A, 5 December 2025, later order in the same proceedings.

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.