Oerlikon Textile v Bhagat Textile Engineers (CFI, 6 May 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 6 May 2024 (UPC_CFI_241/2023, ACT_549585/2023, App_21554/2024, ORD_23384/2024), the Milan Local Division (P. Perrotti, A. Zana, C. Gillet), in the infringement action on EP 2 145 848 brought by Oerlikon Textile GmbH & Co KG against Bhagat Textile Engineers, restricted to the defendant’s lawyers alone access to confidential commercial information filed to substantiate costs ahead of an interim conference. The order accepts a confidentiality club with no natural person from the other side, where that party consents.

Question

May every natural person of the opposing party be excluded from the confidentiality club, with access limited to its lawyers, where that party does not object?

Decision

Bhagat’s failure to object amounted to consent. The panel reserved its own review of whether a fair trial is compromised and found that it was not (paragraph 3(a)). Rule 262A.6 RoP, which follows Art. 9(2) of Directive (EU) 2016/943, read with Art. 58 UPCA, does not preclude this approach, assessed case by case, all the more since trade secrets were only an ancillary issue here (paragraphs 3(b) and 3(c)). The redacted information (prices and contract terms negotiated with a third party) is confidential within Art. 58 UPCA, its disclosure to a competitor could harm Oerlikon and distort competition, whereas access by the lawyers is enough to safeguard the rights of the defence (paragraph 3(d)). Use of the information is confined to these proceedings and costs follow the main action.

Key points for practice

• Practical point: a party which does not oppose a lawyers-only confidentiality request in effect waives access by a natural person, the Milan Local Division accepts that waiver subject to fair trial.

Provisions applied

Agreement on a Unified Patent Court

Art. 58

Rules of Procedure

Rule 262A

Directive (EU) 2016/943

Art. 9(2)

Case law cited

The Hague Local Division, UPC_CFI_239/2023, App_589842/2023

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.