Sanofi Mature IP v Accord Healthcare (CFI, 14 January 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 14 January 2025, Presiding Judge Matthias Zigann, acting as judge-rapporteur of panel 1 of the Munich Local Division, ruled on Sanofi’s application to protect the witness statement filed as Exhibit D.4 in its infringement actions on EP 2 493 466 against Accord Healthcare, STADAPHARM, Reddy Pharma and Zentiva France (UPC_CFI_145/2024 to UPC_CFI_148/2024). The exhibit is largely confidential, but access cannot be confined to each defendant’s representative alone. The order sets out the minimum content of the confidentiality club under Rule 262A RoP.

Question

Which information in Exhibit D.4 is confidential and who may access its unredacted version?

Decision

The witness’s personal details and passport copy do not fall under Rule 262A RoP, they remain protected through Rule 262 RoP and the GDPR. The remaining redacted information (remuneration, intra-group accounting, sales and profit figures, licence terms) is confidential, its public availability not having been shown. Access must include at least one natural person per party and all lawyers and representatives. The persons nominated by the defendants were admitted, Zentiva’s list being reduced. Videoconference-only access and a ban on screenshots were refused, since the persons admitted are already bound by confidentiality, on pain of a penalty payment. Sanofi must file an amended redacted version within five days and the defendants must provide English translations of cited case law within thirty days.

Key points for practice

• The confidentiality club includes at least one natural person per party. Additional technical restrictions (videoconference, no screenshots) must be justified beyond the duty of confidentiality.

Provisions applied

Agreement on a Unified Patent Court

Art. 58

Rules of Procedure

Rules 102.2, 262, 262A and 333

Other provisions

Regulation (EU) 2016/679 (GDPR)

Case law cited

FUJIFILM v Kodak, Düsseldorf Local Division, 27 March 2024 (relied on by Sanofi)

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.