Valeo Electrification v Magna PT (CFI, 21 August 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 21 August 2024 (UPC_CFI_347/2024, ACT_37931/2024, App_46219/2024), the presiding judge and judge-rapporteur of the Düsseldorf Local Division (Thomas) declared confidential information contained in the objection filed by the Magna companies and in two of its exhibits, in the provisional measures proceedings brought by Valeo Electrification on EP 3 320 602. He dismissed Valeo’s request to lift the preliminary confidentiality order.

Question

May information be protected under Art. 58 UPCA where the applicant argues that it was already filed in earlier national proceedings?

Decision

Yes, where the conditions are met. Art. 9 of Directive (EU) 2016/943, implemented by Art. 58 UPCA and Rule 262A RoP, allows access to trade secrets to be restricted (paragraph 1), and the formal requirements are met, Valeo having been heard (paragraph 2). Magna shows, by reference to customer contracts, that the information has commercial value, is not generally known or visible to third parties and has been subject to confidentiality measures. The objection based on 2023 proceedings before the Stuttgart Regional Court fails: the information is different, what matters is the content of the affidavits rather than who submitted them, and public discussion of the same information is not shown (paragraph 3). The circle of authorised persons follows the order of 8 August 2024, which was not disputed (paragraph 4), authorised persons are bound by non-use and non-disclosure obligations, with a penalty for culpable breach.

Key points for practice

• Practical point: earlier filing of material in national proceedings does not defeat protection under Art. 58 UPCA if the content differs and public disclosure is not established.

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

Avago Technologies International v Tesla Germany, Hamburg Local Division, 3 November 2023, 10x Genomics v Curio Bioscience, Düsseldorf Local Division, 11 March 2024, Curio Bioscience v 10x Genomics, Düsseldorf Local Division, 8 August 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.