UPC Local Division: Protection of Trade Secrets

The defendants request that certain exhibits be classified as confidential. The claimant objects, arguing that the exhibits merely refute the claimant’s assertions regarding how the challenged embodiments function, without explaining how the products in dispute otherwise operate. The defendants counter that even indicating that certain products do not support particular functionalities may be confidential. The existence of a negative fact does not automatically exclude the possibility of confidentiality. The Court was provided with a plausible explanation that the group of individuals with relevant specialized knowledge is not publicly known. Since such knowledge carries the potential risk of targeted attacks to obtain confidential information concerning specific, secret functionalities, it appears justified to designate this information as confidential (Local Division Düsseldorf, 30 August 2024, Court of First Instance 99/2024).