SWAT Medical v Meril Italy (CFI, 14 October 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 14 October 2024 (ORD_36095/2024, App_33486/2024, App_33487/2024, App_33489/2024), the judge-rapporteur of the Paris Central Division (P. Catallozzi) granted SWAT Medical and a board member and investor of that company access to all pleadings and evidence in revocation action UPC_CFI_255/2023 and counterclaims CC_584916/2023 and CC_585030/2023 between Meril and Edwards Lifesciences concerning EP 3 646 825. He granted leave to appeal and suspended the effect of access pending the appeal.

Question

May a third party with only a generic interest obtain access to all the pleadings in proceedings, and can such access be limited or made subject to confidentiality obligations?

Decision

The applicant must state the purpose of the request and why the documents sought are needed (paragraph 15). Once proceedings have ended, the concern for their integrity no longer applies and the balance of interests under Art. 45 UPCA normally favours access (paragraphs 17 and 18). Operating in the same field as the patent is not enough to establish a specific interest (paragraph 19), but preparatory steps to enter the relevant market justify access (paragraph 20). Access is not limited to the validity documents (paragraphs 24 to 26), and the use of public court records in business is not in itself unlawful, so no confidentiality obligation is imposed (paragraphs 27 to 31). As access is practically irreversible, leave to appeal is granted to secure consistent case law and the order is suspended (paragraphs 32 and 33).

Key points for practice

• Practical point: once proceedings have ended, a third party preparing to enter the market will in principle obtain access to all documents, with no restriction on use, a party resisting access must point to specific confidential information.

Provisions applied

Agreement on a Unified Patent Court

Arts. 10(1) and 45

Rules of Procedure

Rule 262.1(b)

Case law cited

Ocado v Autostore, Court of Appeal, 10 April 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.