OCADO INNOVATION v AUTOSTORE (CFI, 17 October 2023)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 17 October 2023 (UPC_CFI_11/2023, application 543819/2023), the judge-rapporteur of the Nordic-Baltic Regional Division granted a third party, whose name is redacted, access to the statement of claim in the infringement action brought by Ocado Innovation against Autostore AS and other Autostore group companies on EP 3 653 540, an action closed on 8 September 2023 following settlement and withdrawal. Access is granted with personal data redacted, and deferred to 7 November 2023 so that the claimant could seek suspensive effect. The order is among the first to construe the « reasoned request » requirement in Rule 262.1(b) RoP.

Question

Can a third party obtain access to the pleadings and orders in a closed case, and what must its reasoned request contain?

Decision

Art. 45 UPCA makes the written procedure public in principle, unless confidentiality is required. A reasoned request calls for a credible explanation of why access is sought, which also informs whether confidentiality is needed. The explanation given was credible and no party had requested confidentiality under Rule 262.2 RoP. Access to orders was refused: the only order in the file, the closing decision, is already published under Rule 262.1(a) RoP, and the judge-rapporteur cannot rule on files in parallel cases before other divisions. Leave to appeal was granted because the issue is controversial.

Key points for practice

• Closure of the case by settlement does not prevent a third party from obtaining the statement of claim.
• Practical point: a party opposing access should request confidentiality under Rule 262.2 RoP and, where appropriate, suspensive effect of any appeal under Rule 223 RoP.

Provisions applied

Agreement on a Unified Patent Court

Arts 10, 45, 52, 73(2)(b)(ii) and 74

Rules of Procedure

Rules 9, 220.2, 223, 224.1(b), 262.1(a) and (b), 262.2, 262.6 and 354

Other provisions

Statute of the Unified Patent Court, Art. 24, Regulation (EU) 2016/679 (GDPR)

Case law cited

Amgen v Sanofi-Aventis Deutschland, Munich Central Division, 20 September 2023 (relied on by the claimant)

Related decisions

• Ocado Innovation v Autostore AS, 8 September 2023, closing decision following withdrawal.

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.