HEWLETT-PACKARD DEVELOPMENT v LAMA FRANCE (CFI, 2 August 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 2 August 2024 (UPC_CFI_358/2023, ORD_43600/2024), the judge-rapporteur of the Paris Local Division, on an application by Hewlett-Packard Development Company under Rule 191 RoP in its infringement action on EP 2 089 230 and EP 1 737 669, ordered LAMA France to produce by 16 August 2024 the invoices for the allegedly infringing cartridges imported from outside the Union, stating the country of import, with the suppliers’ identity redacted. The measure, narrower than requested, carries no penalty payment at this stage and is subject to the confidentiality regime of Rule 262A RoP.

Question

May an application for an order to communicate information be granted during the proceedings, before infringement has been established, and to what extent?

Decision

The application is admissible during the proceedings where the information is needed to prepare the case at that stage, since Rule 191 RoP may be invoked at various stages, consistently with Art. 8 of Directive 2004/48/EC. It is reasoned, but must also be justified and proportionate. On manufacture, LAMA’s website is contradicted by its chartered accountant’s statement that it only trades. On import, there are indications of parallel imports from Asia or South America. The judge therefore granted a limited disclosure, following LAMA’s alternative offer, with access restricted to one natural person per party and the representatives. HP must file its comments by 29 August 2024, the written procedure closing on 30 August 2024.

Key points for practice

• Practical point: Rule 191 RoP can yield information on the origin of products during the proceedings, but the order is tailored to what the case needs at that stage, and the defendant’s fallback offer may set its scope.

Provisions applied

Agreement on a Unified Patent Court

Arts. 25 and 67(1)(a) and (c)

Rules of Procedure

Rules 32.3, 35, 190, 191, 262A and 333

Directive 2004/48/EC

Art. 8

Case law cited

Franz Kaldewei v Bette, Düsseldorf Local Division, 3 July 2024, Abbott Diabetes Care v Dexcom, Paris Local Division, 31 July 2024

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.