Black Sheep Retail Products v HL Display (CoA, 6 November 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 6 November 2025 (UPC_CoA_897/2025), the Court of Appeal rejected Black Sheep Retail Products’ application for suspensive effect against the information order made by the Hague Local Division in its decision of 10 October 2025, which had held HL Display’s EP 2 432 351 valid and infringed. It confirms that the confidential nature of the information is not enough to suspend an information order.

Question

Should the obligation to disclose the origin of the products, distribution channels, third parties involved, quantities, advertising, costs and profits be suspended pending appeal on the ground that information, once disclosed, cannot be withdrawn?

Decision

An appeal has no suspensive effect save in exceptional circumstances where the appellant’s interest prevails, in particular where the decision is manifestly wrong or the appeal would become devoid of purpose (Art. 74(1) UPCA, paragraph 8). Information orders serve to calculate damages and to act against further infringements. They contribute to a high level of protection and are suspended only exceptionally (paragraphs 9 and 10). Confidentiality concerns must be raised in the proceedings on the merits. Black Sheep did not do so at first instance, and a mere reservation is not enough (paragraph 11). The appellant showed no manifest error and the risks it raised do not render the appeal devoid of purpose (paragraph 12). The application, though admissible, was rejected.

Key points for practice

• Confidentiality of commercial data must be raised at first instance. It does not justify suspending an information order on appeal.
• The irreversible nature of disclosure is not enough to render the appeal devoid of purpose.

Provisions applied

Agreement on a Unified Patent Court

Art. 67 and Art. 74(1)

Rules of Procedure

Rules 118.8, 191 and 223

Case law cited

Sibio v Abbott Diabetes Care, Court of Appeal, 19 August 2024, Bhagat Textile Engineers v Oerlikon Textile, Court of Appeal, 16 January 2025, ICPillar v ARM, Court of Appeal, 19 June 2024, Koninklijke Philips v Belkin, Court of Appeal, 29 October 2024, Belkin v Koninklijke Philips, Court of Appeal, 30 May 2025, Abbott Diabetes Care v Sibio, Court of Appeal, 14 February 2025, NUC v Hurom, Court of Appeal, 3 July 2025 (UPC_CoA_435/2023), Kodak v Fujifilm, Court of Appeal, 14 October 2025

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.