Heraeus Electronics v Vibrantz (CFI, 14 November 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 14 November 2024, issued in the joined proceedings UPC_CFI_114/2024 and UPC_CFI_448/2024, the Munich Local Division ruled on the confidentiality applications of Vibrantz, the defendant in the infringement action brought by Heraeus Electronics and Heraeus Precious Metals on EP 3 215 288 (metal sintering preparation). The exact formulations of sintering pastes, relied on in support of a prior use right, were protected, but access was granted to the five persons named by the claimants rather than to a single individual as Vibrantz had sought. The order shows that a party which needlessly puts a secret into the proceedings bears the consequences in the balancing exercise.

Question

Where information is confidential, may the circle of the other party’s persons allowed to see it be reduced to a single natural person?

Decision

Rule 262A RoP requires the need for secrecy to be balanced against both parties’ procedural rights, with at least one natural person of each party being given access. Vibrantz itself argued that a defence based on the publicly available approximate values was sufficient: disclosing the formulation details in the statement of defence and in the counterclaim was therefore not necessary, and no request to withdraw them had been made. Protection was granted without limiting the number or identity of the persons named by the claimants, as no concrete doubt about their reliability had been shown. The provisional orders of 29 July and 25 September 2024 were set aside insofar as they went further. A penalty of up to EUR 250,000 per breach was set. No decision on public access (Rule 262.2) was required at this stage. Leave to appeal was refused.

Key points for practice

• Practical point: only put secret data into the proceedings where the argument requires it, otherwise the opponent will obtain wider access under Rule 262A RoP.

Provisions applied

Agreement on a Unified Patent Court

Arts 58 and 73(2)(b)

Rules of Procedure

Rules 220.2, 224.1(b), 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.