Franz Kaldewei v Bette (CFI, 23 July 2026)
| Date | 23 July 2026 |
|---|---|
| Court | CFI |
| Division | Düsseldorf (DE) Local Division |
| Type of action | Generic Order |
| Registry reference | App_44641/2024 |
| Parties | Name not displayed for GDPR reasons. Represented by Falk LEHMANN v. Franz Kaldewei GmbH & Co. KG, Bette GmbH & Co. KG, Franz Kaldewei GmbH & C… |
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.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
In an order of 23 July 2026 (UPC_CFI_7/2023, App_44641/2024), the judge-rapporteur of the Düsseldorf Local Division grants a law firm, as a member of the public, access to the pleadings and evidence of the action for infringement of EP 3 375 337 between Franz Kaldewei and Bette, which ended with a decision of 3 July 2024 that was not appealed. Only one submission and two exhibits concerning the defendant’s customers are excluded. The order accepts that a law firm may rely on training its lawyers to obtain access, and holds that a summons and the minutes of a hearing are not pleadings within Rule 262.1(b) RoP.
Question
May a law firm wishing to train its staff in UPC proceedings obtain access to the pleadings and evidence of a case decided with final effect?
Decision
Yes. The application states its purpose and the reasons for access (paragraph 13). Once the first instance is over, the public generally has an interest in access, which supports understanding of the decision and confidence in the court (paragraph 16). A law firm is part of the public, since reviewing the court’s practice improves its advice to clients (paragraph 18). As the decision is final and no abuse is shown, that interest outweighs the Art. 45 UPCA interests, the claimant’s objections are incompatible with Court of Appeal case law (paragraphs 19 and 20). The summons and the minutes of the hearing are not pleadings or evidence within Rule 262.1(b) RoP (paragraphs 21 and 22). The defendant’s confidentiality request is granted for the submission of 23 August 2024 and exhibits KM-A 1 and KM-A 2, which contain undisputed confidential information about its customers (paragraphs 23 and 24). Personal data are redacted.
Key points for practice
- Internal training of a law firm’s lawyers is a sufficient purpose for public access to the file of a closed case.
- Practical point: a party wishing to protect information against an access request should target the relevant submissions and exhibits precisely, as the defendant did here.
Provisions applied
- Agreement on a Unified Patent Court
- Art. 45
- Rules of Procedure
- Rules 262.1(b) and 262.2
- Regulation (EU) 2016/679
- protection of personal data
- Case law cited
- Ocado v Autostore, Court of Appeal, 10 April 2024, Swarco v Strabag, Vienna Local Division, 12 August 2024 (UPC_CFI_33/2024), Astellas v Healios, 22 August 2024, Meril v Edwards, 14 October 2024 (UPC_CFI_255/2023), Regeneron v Amgen, 22 October 2024 (UPC_CFI_14/2023), Phoenix Contact v I.L.M.E., Munich Local Division, 20 December 2024 (UPC_CFI_342/2024), NanoString v Harvard College, 3 January 2025 (UPC_CFI_252/2023), Abbott v Powell Gilbert, Court of Appeal, 9 January 2025, Dolby v Beko, Düsseldorf Local Division, 9 April 2025 (UPC_CFI_135/2024), Juul Labs v NJOY, Court of Appeal, 25 April 2025 (UPC_CoA_5/2025), NJOY v Juul Labs, 9 June 2025 (UPC_CFI_309/2023), Hepp Wenger Ryffel v myStromer, Düsseldorf Local Division, 17 June 2025 (UPC_CFI_177/2023), Herbert Smith Freehills Kramer, Court of Appeal, 22 December 2025
Related decisions
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
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
Parties
- claimantName not displayed for GDPR reasons. Represented by Falk LEHMANNFollow this party
- defendantFranz Kaldewei GmbH & Co. KG4 decisions in the corpusFollow this party
- defendantBette GmbH & Co. KG3 decisions in the corpusFollow this party
- defendantFranz Kaldewei GmbH & CFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Generic Order
- Outcome (Dhenne Avocats summary)
- L'accès aux écritures et pièces de l'affaire close est accordé au cabinet demandeur, à l'exception d'une écriture et de deux pièces sur les clients de la défenderesse. Convocation et procès-verbal sont exclus.
- 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 3 375 337mentioned in: Dhenne Avocats analysis Follow this patent
Related decisions cited in the analyses
- Herbert Smith Freehills Kramer (applicant) in Insulet v EOFLow (CoA, 22 December 2025) cited in this record
- Abbott Diabetes Care v Powell Gilbert LLP (CoA, 9 January 2025) cited in this record
- Astellas Institute for Regenerative Medicine v Healios K.K (CFI, 22 August 2024) cited in this record
- Franz Kaldewei v Bette (CFI, 3 July 2024) cited in this record
- Ocado Innovation v Autostore (CoA, 10 April 2024) cited in this record
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 3 375 337 | Mentioned in the analysis (role not qualified) Also mentioned in 3 other decision(s): Franz Kaldewei v Bette (CFI, 3 July 2024) · Franz Kaldewei v Bette (CFI, 13 May 2025) · Franz Kaldewei v Bette (CFI, 1 December 2023) | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: Dhenne Avocats analysis |
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