BITZER Electronics v Carrier (CFI, 6 March 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 6 March 2024 (UPC_CFI_263/2023, ACT_555899/2023, App_6758/2024), the judge-rapporteur of the Paris Central Division (P. Catallozzi) rejected Martin Lionel’s application for public access in the revocation action on EP 3 414 708 brought by BITZER Electronics A/S against Carrier Corporation. The order reads Rule 262.1(b) RoP narrowly: it covers only the written pleadings and evidence lodged by the parties.

Question

Does Rule 262.1(b) RoP give the public access to Registry notifications and communications, acknowledgments of lodging and a Court order, so as to check whether an opt-out filed on 13 July 2023 was effective?

Decision

Read literally, the rule covers only written pleadings and evidence lodged by the parties, not other documents uploaded to the CMS (paragraph 7), it excludes communications between the Registry and the parties and evidence of Registry activity (paragraph 8), as well as order ORD_591040/2023 issued on a request for a stay (paragraph 10). The public’s interest in the status of the patent, including an opt-out, is met by the Register (Art. 37 of the Registry Rules) (paragraph 11). The applicant’s specific interest was not established, and whether the opt-out is effective is for the Court seised of the action (paragraph 13). Since decisions and orders are published (Rule 262.1(a)), there was no need for access on that point (paragraph 14).

Key points for practice

• Practical point: Registry documents fall outside Rule 262.1(b) RoP, the opt-out status of a patent is checked on the Register.

Provisions applied

Rules of Procedure

Rules 16.3(a), 17.1(c), 18.1(c) and 262.1(a) and (b)

Case law cited

Astellas Institute for Regenerative Medicine v Healios K.K, Munich Central Division, 21 September 2023

Related decisions

• Carrier v BITZER Electronics, 8 January 2024, order on the request for a stay to which access was sought.

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.