UPC CFI 779/2024

The Local Division Düsseldorf rejected the defendant's post-judgment application for confidentiality protection orders under R. 262A and R. 262.2 RoP. The court held that the defendant failed to raise confidentiality concerns during the main proceedings despite having the opportunity to do so, and provided no adequate justification for seeking protection only after the judgment. The separate R. 262.2 request was also denied for lack of a procedural basis, as the relevant information had not yet been filed with the court.

The Local Division Düsseldorf found that Wessper Sp. z o.o. indirectly infringed EP 1 748 830 B1 by offering and supplying filter cartridges ('AquaMax') suitable for use in Brita's PerfectFit water jugs, thereby enabling use of the patented invention. The court rejected the defendant's exhaustion defence, holding that replacement of a wear-part cartridge constitutes a re-manufacture of the patented device under the asserted claim combination, and ordered disclosure of accounts and a declaration of liability for damages; the injunction claim was dismissed as moot because the patent had expired by lapse of time before judgment.