Maxeon Solar v Aiko Energy Germany (CFI, ORD_57608/2024, 23 December 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 23 December 2024 (UPC_CFI_336/2024 and UPC_CFI_605/2024), Presiding Judge Thomas, as judge-rapporteur of the Düsseldorf Local Division, ruled on confidentiality in Maxeon Solar’s action for infringement of EP 3 065 184 against eight defendants, three Aiko companies among them having counterclaimed for revocation. The revenue, profit and sales figures of two defendants, the method for calculating enforcement security and Exhibit HL 35 were protected, technical information already filed without protection before the Mannheim District Court was not. The order shows that information already disclosed to the other side in other proceedings does not, without explanation, warrant fresh protection.

Question

Which information of a defendant may be protected under Rule 262A against a competing claimant, and to whom may access be restricted?

Decision

The formal requirements of Rules 262A.2 and 262A.3 were met (paragraph 2). The trade secret character of the financial data was not seriously disputed and Maxeon’s position as a competitor justified the interest in confidentiality (paragraph 3), on the basis of Article 9 of Directive 2016/943 and Art. 58 UPCA (paragraph 1). The technical information, already known to the claimant and filed without protection in Mannheim, was not protected, as no new need was explained (paragraph 4). Rule 262A.6 requires access for at least one natural person per party. Designation of Maxeon’s persons was deferred to 10 January 2025 (paragraph 5).

Key points for practice

• Practical point: a party seeking protection for information already filed without restriction in national proceedings must explain why protection has become necessary before the UPC.

Provisions applied

Agreement on a Unified Patent Court

Art. 58

Rules of Procedure

Rules 262.2 and 262A

Directive (EU) 2016/943

Art. 9(1) and (2)(a)

Case law cited

Hamburg Local Division, Avago International Sales v Tesla Germany, 3 November 2023 (UPC_CFI_54/2023), Düsseldorf Local Division, 10x Genomics v Curio Bioscience, 11 March 2024 (UPC_CFI_463/2023), Düsseldorf Local Division, FUJIFILM v Kodak, 27 March 2024 (UPC_CFI_355/2023), Düsseldorf Local Division, Magna International France v Valeo Electrification, 21 August 2024 (UPC_CFI_347/2024), Düsseldorf Local Division, Valeo v Magna, 9 September 2024 (UPC_CFI_347/2024)

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.