F. Hoffmann-La Roche v Tandem Diabetes Care (CFI, 20 May 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By procedural order of 20 May 2025, the judge rapporteur of the Düsseldorf Local Division granted the application for protection of confidential information filed by three of the defendants (Tandem Diabetes Care, Inc., Tandem Diabetes Care Europe and Rubin Medical) in the action for infringement of EP 1 970 677 B1 brought by F. Hoffmann-La Roche and Roche Diabetes Care (UPC_CFI_504/2023, with the counterclaims for revocation). The application was unopposed.

Question

Should passages of a brief and several exhibits be classified as confidential, and to which circle of persons should access be restricted?

Decision

The judge noted that Art. 58 UPCA and Rule 262A implement Art. 9 of the Trade Secrets Directive 2016/943 (I.1), found that the formal requirements of Rule 262A were met and that the claimants had been heard and did not object to the classification (I.2 and II). On the claimants’ side, access was limited to their representatives, their assistants and two named in-house counsel. Use outside the proceedings was prohibited, culpable breaches were made subject to a penalty payment, and the unredacted version of Exhibit BBY 9 was ordered to be provided.

Key points for practice

• An access list agreed between the parties is adopted as it stands by the Division, which speeds up the handling of the application.

Provisions applied

Agreement on a Unified Patent Court

Art. 58

Rules of Procedure

Rules 262.2 and 262A

Directive (EU) 2016/943

Art. 9(1) and (2)(a)

Case law cited

Avago Technologies International v Tesla Germany, Hamburg Local Division, 23 November 2023, 10x Genomics v Curio Bioscience, 11 March 2024, Ortovox v Mammut, Düsseldorf Local Division, 22 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.