Promosome v BioNTech (CFI, 10 March 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 10 March 2025 (UPC_CFI_846/2024, ACT_68533/2024, ORD_6596/2025), the judge-rapporteur of the Munich Local Division (A. Kupecz) largely granted the application of Promosome, claimant in an infringement action on EP 2 401 365 against five BioNTech group companies and four Pfizer group companies, for protection of a licence agreement and its amendment filed as exhibits. The order defines the circle of persons admitted to confidential information under Rule 262A.

Question

Which persons on the defendants’ side may access the confidential information, and should the Court order its return or destruction at the end of the proceedings?

Decision

The exhibits are treated as confidential, the defendants contesting neither the principle nor the scope of protection. Access may be restricted where the applicant’s grounds clearly outweigh the other party’s interest, with no more persons than necessary and at least one natural person per party together with its representatives (Rule 262A.5 and 6). Rule 262A.6 does not require the person admitted to be an employee or an Art. 48 representative, access extends to team members actively involved, lawyers, patent attorneys and support staff, under the representative’s personal responsibility. The confidentiality obligation survives the proceedings, and a penalty payment may sanction a culpable breach. The request for return or destruction is rejected for lack of legal basis and separate interest. So is the request concerning Court staff, to whom Rule 262A does not apply.

Key points for practice

• Practical point: counsel’s team actively involved in the case may see confidential exhibits without being named individually, but the representative is personally answerable for keeping them confidential.

Provisions applied

Agreement on a Unified Patent Court

Arts. 10, 45, 48 and 58

Rules of Procedure

Rules 102.2, 262.2, 262A and 333

Case law cited

Daedalus Prime v Xiaomi, Court of Appeal, 12 February 2025, Amazon v Nokia, Court of Appeal, 20 January 2025, Sanofi v Accord, Munich Local Division, 14 January 2025, Munich Local Division, 2 December 2024 (unpublished order)

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.