Nicoventures Trading v NJOY Netherlands (CFI, 24 April 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 24 April 2024 (UPC_CFI_316/2023, ACT_571808/2023, App_587265/2023, ORD_587436/2023), the judge-rapporteur of the Paris Central Division (M. Haedicke) granted Nicoventures Trading Limited, a third party to the revocation action brought by NJOY Netherlands B.V. against Juul Labs International, Inc. on EP 3 430 921 but a party to the EPO opposition, immediate access to the pleadings and evidence of the parties already in the CMS. The order applies the criteria laid down by the Court of Appeal on 10 April 2024.

Question

May a third party which is an opponent before the EPO access the pleadings and evidence of a revocation action under Rule 262.1(b) RoP, and does access extend to court-generated documents and future filings?

Decision

The request is reasoned as the Court of Appeal requires: it states its purpose and why access is needed, the EPO opposition being liable to be affected by the UPC proceedings. The opponent’s interest is direct and present, the public interest is stronger in a revocation action and access serves the general interest of justice (Art. 45 UPCA). Access is immediate, since otherwise it could come too late given the EPO timetable, and parallel treatment with the public EPO files is reasonable. No confidentiality order was requested. Access was however refused for court-generated documents other than decisions and orders (Rule 262.1(a) RoP), for future filings, which cannot be weighed in advance, and for documents not yet visible in the CMS.

Key points for practice

• Practical point: an EPO opponent has a direct interest in inspecting the file of a parallel revocation action, the request must be renewed for documents filed later.

Provisions applied

Agreement on a Unified Patent Court

Art. 45 and 73(2)(b)

Rules of Procedure

Rules 220.2, 224.1(b) and 262.1

Case law cited

Ocado Innovation v Autostore, Court of Appeal, 10 April 2024 (UPC_CoA_404/2023)

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.