DDP Specialty Electronic Materials US v Greenchemicals (CFI, 16 May 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 16 May 2025, the judge rapporteur of the Düsseldorf Local Division protected, in the provisional measures proceedings brought by DDP Specialty Electronic Materials US against Greenchemicals under EP 1 957 544 B1 (UPC_CFI_203/2025), financial information contained in the applicant’s comments and in an exhibit. The order refused the defendant’s request to drop the threat of a penalty payment for culpable breach of confidentiality.

Question

Can the defendant have the confidentiality order stripped of any sanction on the ground that the information, prices in particular, was already known to it through a licensee?

Decision

The judge rejected Greenchemicals’ arguments: if the information is already known, the order’s exception for information obtained from an unbound third-party source will apply, with no need to waive the sanction. The defendant had not shown that the information was public, even though it had bought products from a licensee, DDP stating that its licensees do not disclose agreed prices to their customers. Access on the defendant’s side was limited to its representatives to be appointed and one employee of its administrative department. The obligation survives the end of the proceedings and representatives are liable for breaches by their team. Confidentiality towards third parties must be sought through the proper CMS workflow.

Key points for practice

• The threat of a penalty payment remains attached to the confidentiality order: prior knowledge of the information is dealt with through the independent source exception, which the party relying on it must prove.
• Practical point: confidentiality towards third parties requires a separate request through the dedicated CMS workflow.

Provisions applied

Agreement on a Unified Patent Court

Art. 58

Rules of Procedure

Rules 262.2 and 262A

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.