Powell Gilbert LLP v Abbott Diabetes Care (CFI, 29 July 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 29 July 2024 (UPC_CFI_131/2024, ORD_39938/2024), the judge-rapporteur of The Hague Local Division granted Powell Gilbert LLP, acting as a member of the public under Rule 262.1(b) RoP, access to six written pleadings from the provisional measures proceedings brought by Abbott Diabetes Care against Sibio Technology and Umedwings Netherlands on EP 3 831 283, despite Abbott’s appeal against the order refusing relief. Access will be given only after 15 days, provided no party has appealed, leave to appeal being granted. A separate order to the same effect was made on the same day in the parallel proceedings UPC_CFI_130/2024.

Question

May a member of the public obtain access to the pleadings and evidence of first-instance proceedings that ended with a decision under appeal?

Decision

The judge applies paragraphs 47 to 50 of the Court of Appeal’s order in Ocado v Autostore. The public’s interest in understanding the decision is sufficient, which disposes of Sibio’s objection. The pending appeal does not justify refusal: as the public decision already contains the relevant arguments and evidence, protecting the integrity of the proceedings no longer requires access to be withheld. That some arguments were not addressed at first instance makes no difference. Since no exhibit, Annex E1 included, was filed under Rule 262A RoP and Abbott gave no specific reasons, the objection concerning the annexes is rejected. Leave to appeal is granted, as Rules 220 and 224 RoP and Art. 73 UPCA do not make clear when an appeal may be lodged.

Key points for practice

• Practical point: a party wishing to shield documents from public access must file them under Rule 262A RoP with specific reasons, as a pending appeal is not enough to defer access.

Provisions applied

Agreement on a Unified Patent Court

Art. 73

Rules of Procedure

Rules 220, 224, 262.1(b), 262.2 and 262A

Case law cited

Ocado Innovation v Autostore, Court of Appeal, 10 April 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.