Polytechnik Luft- und Feuerungstechnik v Dall Energy (CoA, 24 April 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 24 April 2026 (UPC_CoA_57/2026), the Court of Appeal refuses suspensive effect for Polytechnik’s appeal against the Copenhagen Local Division’s order of 10 April 2026 requiring it, under penalty, to produce drawings and manuals of its furnaces to Dall Energy (EP 2 334 762). Producing documents is not irreversible for the purposes of Rule 223 RoP, since the documents can be removed from the file if the appeal succeeds.

Question

Should an appeal against an order to produce confidential documents (Rule 190 RoP) have suspensive effect on the ground that disclosure would irreversibly expose the defendant’s know-how?

Decision

Suspensive effect is granted only exceptionally, especially for procedural orders: where the appeal would become devoid of purpose for lack of reversibility, or where the order is manifestly wrong (paragraphs 13 to 17). The documents produced can be removed from the file if the appeal succeeds (paragraphs 18 to 24). The confidentiality regime bars any use outside the proceedings, excludes the CEO and administrative directors, limits access to qualified lawyers and patent attorneys and was not specifically challenged as to its size (paragraphs 25 to 30). The complaint that infringement was being prejudged is unsubstantiated (paragraphs 31 to 33). Dall Energy’s interest in production prevails (paragraph 34).

Key points for practice

• Practical point: to obtain suspensive effect against a production order, a party must show concretely why the confidentiality club is inadequate, alleged harm to know-how is not enough.

Provisions applied

Agreement on a Unified Patent Court

Arts 48, 59, 73(2) and 74(1) and (3)

Rules of Procedure

Rules 190, 220.1, 222, 223 and 262A.6

European Patent Convention

Art. 134

Case law cited

Court of Appeal: Ocado v Autostore, 6 November 2023, Progress Maschinen v AWM, 2 May 2024, ICPillar v ARM, 19 June 2024, Meril v Edwards, 18 January 2024, Windhager v Bellissa, 2 December 2025, ALPINA v CUP&CINO, 24 March 2026, Belkin v Philips, 29 October 2024, Chint v Jingao, 20 May 2025, RiVOLUTiON v Cilag, 15 August 2025

Related decisions

• Polytechnik v Dall Energy, 29 June 2026, decision on the appeal narrowing the production order.

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.