NUC Electronics Europe v Hurom (CFI, ORD_24141/2025, 2 June 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

The judge rapporteur of the Mannheim Local Division dismissed NUC Electronics Europe and WARMCOOK’s confidentiality request concerning the information they were ordered to provide to Hurom by the merits decision of 11 March 2025 (EP 2 028 981) and had lodged with the court. Rule 262A protects only information in the parties’ pleadings: information owed under an order is to be handed directly to the claimant.

Question

May a defendant ordered to provide information lodge it with the court and obtain protection under Rule 262A while the Court of Appeal rules on suspensive effect?

Decision

Rule 262A covers information contained in the parties’ pleadings. Information ordered must be given directly to the claimant, and filing it in a separate brief after the merits decision, when the proceedings are closed on the merits, changes nothing.

Even if admissible, the request would fail: the merits decision limits use of the information to identifying third-party infringers, calculating damages and verifying the information, misuse could breach Directive 2016/943, and no concrete risk was shown. There is no reason to await the Court of Appeal. The order supersedes the preliminary order of 20 May 2025.

Key points for practice

• Rule 262A cannot be used to delay or condition compliance with an information order.
• The use restrictions in the merits decision are the primary protection for the information provided.

Provisions applied

Agreement on a Unified Patent Court

Arts 58 and 74

Rules of Procedure

Rules 9, 223 and 262A

Related decisions

• NUC Electronics v Hurom, 6 June 2025, Court of Appeal refusing suspensive effect in the parallel action UPC_CFI_162/2024.

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.