F. Hoffmann-La Roche v A. Menarini Diagnostics (CFI, 1 October 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 1 October 2025 (UPC_CFI_712/2025), issued in German, the Düsseldorf Local Division protected under Rule 262A the confidential information contained in the objection filed on 23 September 2025 by the Menarini companies against Roche (EP 1 962 668): the manufacturing process of the accused products, negotiations with the manufacturer Sinocare, prices and margins, and the unredacted versions of three written witness statements. The order was uncontested. Its interest lies in the clarification given for knowledge acquired outside the proceedings.

Question

Which information in the objection should be restricted to a limited circle, and how should persons who already knew of it be treated?

Decision

The formal requirements of Rules 262A.2 and 262A.3 were met and the applicants’ representatives were heard (paragraph 2), they did not contest the classification (paragraph 3), and the parties agreed on the circle of authorised persons (paragraph 5). On Roche’s side, access is limited to representatives, witnesses and experts and to four named members of its in-house IP teams, and the duty of confidentiality survives the proceedings. The division clarified that the bar on use does not cover information already known to certain persons outside the proceedings (paragraph 6), and left the hearing, the decision and third-party access to be addressed later (paragraph 7). Any culpable breach may attract a penalty payment.

Key points for practice

• The legal basis combines Article 58 UPCA, Rule 262A and Article 9 of the Trade Secrets Directive (EU) 2016/943 (paragraph 1).
• A party confronted with information it already knew should have the corresponding exception spelt out in the order.

Provisions applied

Agreement on a Unified Patent Court

Art. 58

Rules of Procedure

Rules 262.2 and 262A

Other provisions

Directive (EU) 2016/943, Art. 9(1) and (2)(a)

Related decisions

• F. Hoffmann-La Roche v A. Menarini Diagnostics, 5 December 2025, later order in the same proceedings.

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.