NJOY Netherlands v Juul Labs International (CFI, 9 June 2025)

Date	9 June 2025
Court	CFI
Division	Paris (FR) Central Division - Seat
Type of action	Generic Order
Registry reference	ORD_27305/2025
Parties	Meissner Bolte Patentanwälte Rechtsanwälte Partnerschaft mbB

Official decision (PDF) · UPC registry entry

Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.

Contact the firm

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 9 June 2025 (UPC_CFI_309/2023, EP 3 498 115), Judge-rapporteur Haedicke (Paris Central Division) granted the firm Meissner Bolte, a non-party, access to the pleadings and evidence in NJOY Netherlands’ revocation action against Juul Labs International, concluded at first instance but pending on appeal, subject only to the redaction of personal data. He granted Juul Labs leave to appeal and suspended the order until the appeal period expires or any appeal is decided. The order clarifies the reach of the Nicoventures case law.

Question

May a third party obtain access to the pleadings and evidence of proceedings concluded at first instance but pending on appeal, and should access be conditional on a ban on filing the documents before other courts?

Decision

A request under Rule 262.1(b) must be reasoned and weighed against the interests protected by Article 45 UPCA, following Ocado v Autostore (paragraphs 3.1 and 3.2). Once first-instance proceedings have ended, the integrity of the proceedings is generally no longer at stake and a pending appeal does not justify refusal (paragraphs 3.3 to 3.5). The general interest relied on by the firm, which represents various clients in revocation actions, was sufficient (paragraphs 3.6 and 3.7). The restriction imposed by the Court of Appeal in Nicoventures, barring filing elsewhere until the appeal ends, concerns pending proceedings and was not applied (paragraphs 4.1 to 4.3). Leave to appeal was granted for the sake of consistent case law, and the suspension is justified because access is practically irreversible (paragraphs 5.1 and 5.2).

Key points for practice

After the first-instance decision, a third party showing a general interest may access the file without restrictions on use, even where an appeal is pending, but actual access awaits the outcome of any appeal.

Provisions applied

Agreement on a Unified Patent Court: Arts 10 and 45
Rules of Procedure: Rules 262.1(b) and 262.2
Other instruments: Regulation (EU) 2016/679
Case law cited: Court of Appeal, 10 April 2024, Ocado v Autostore, Court of Appeal, 9 January 2025, Abbott Diabetes Care v Powell Gilbert, Court of Appeal, 25 April 2025, Nicoventures Trading v Juul Labs International (UPC_CoA_5/2025), Paris Central Division, 14 October 2024, SWAT Medical v Meril Italy

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.

Going further

Lexicon: Written procedure (UPC), Court fees and costs (UPC).

Source and translations

Official source: Unified Patent Court registry link recorded in the record
Original language: not recorded
Translation available: no translation recorded the firm’s French record is a summary, not a translation
Date checked: not recorded

Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

Follow this case

Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.

Proceedings

No case number recorded in this record.

Parties

claimantMeissner Bolte Patentanwälte Rechtsanwälte Partnerschaft mbBFollow this party

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act: Generic Order
Outcome (Dhenne Avocats summary): L'accès aux écritures et pièces de l'action en nullité est accordé au tiers demandeur, sans autre condition que l'occultation des données personnelles. L'autorisation de faire appel est donnée et les effets de l'ordonnance sont suspendus.
Appeal: No appeal documented in the corpus, this does not mean that no appeal was lodged.
Instance: First-instance decision, whether it has become final is not recorded.

Patents mentioned

EP 3 498 115 mentioned in: Dhenne Avocats analysis Follow this patent

Related decisions cited in the analyses

Abbott Diabetes Care v Powell Gilbert LLP (CoA, 9 January 2025) cited in this record
Ocado Innovation v Autostore (CoA, 10 April 2024) cited in this record

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Patents and standards

Publication	Role in the dispute	Family	Standard and declaration	Pool	Sources
`EP 3 498 115`	Mentioned in the analysis (role not qualified) Also mentioned in 5 other decision(s): NJOY Netherlands v Juul Labs (CFI, ORD_598482/2023, 5 November 2024) · Juul Labs International v NJOY Netherlands (CoA, UPC_CoA_5/2025, 9 Jan · Juul Labs v NJOY Netherlands (CoA, 30 April 2025) · Nicoventures Trading v Juul Labs (CoA, ORD_13786/2025, 25 April 2025) · NJOY Netherlands v Juul Labs International (CFI, 17 January 2025)	not recorded	not recorded	not recorded	Espacenet links not checked mentioned in: Dhenne Avocats analysis

The statuses “asserted in litigation”, “declared essential”, “listed by a pool” and “essentiality examined by a court” are distinct and may coexist. Validity, infringement and technical essentiality are different questions. Scope: patents cited in the decisions of the Dhenne Avocats corpus, with no essentiality score or prediction.

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