LiNA Medical v Schultz Medical (UK) (CFI, 19 December 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 19 December 2025 (UPC_CFI_1598/2025), the judge-rapporteur of the Düsseldorf Local Division ordered full disclosure to LiNA Medical and its representatives of the expert’s detailed description following evidence preservation and inspection measures carried out at Schultz Medical (UK)’s booth at the MEDICA trade fair, under EP 2 593 025 B1. The order of 18 November 2025 provided for the defendant to be heard on its confidentiality interests, but no representative logged into the case management system (CMS) despite the access code handed over on service (paragraphs 3 to 6).

Question

Must the Court delay disclosure of the expert’s description in order to hear, on confidentiality, a defendant that has appointed no representative in the CMS?

Decision

The defendant can only be heard through the CMS. Service on paper, with translations, would cause unreasonable delay (paragraph 8). Informed on service of the order and the access code, the defendant had enough time to appoint a representative. Its failure to do so cannot prejudice the applicant (paragraph 9). The judge orders disclosure of the unredacted description and annexes, lifts the confidentiality obligation vis-à-vis the applicant and starts the time limit for the main action (31 calendar days or 20 working days) from upload of the order to the CMS (paragraphs 10 and 11).

Key points for practice

• A defendant that receives a CMS access code when the measures are executed must promptly appoint a representative, failing which it loses the chance to assert its confidentiality interests.
• Practical point: for the applicant, the defendant’s inaction speeds up access to the expert’s description and starts the time limit for the main action from upload of the order.

Provisions applied

Agreement on a Unified Patent Court

Art. 60(8)

Rules of Procedure

Rules 194, 196, 197, 198.1 and 199

Related decisions

• LiNA Medical v Schultz Medical, 18 November 2025, order for preservation of evidence and inspection.

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.