Local Division Munich
UPC_CFI_201/2024
Order
of the Court of First Instance of the Unified Patent Court
in the proceedings for preliminary measures
related to European Patent 2 152 073
delivered on 16.06.2024

CLAIMANT/S
1) Syngenta Limited
Jealott’s Hill International Research Centre -
RG42 6EY - Bracknell, Berkshire - GB
Represented by
Jörn Peters

DEFENDANT/S
1) Sumi Agro Limited
Bürgermeister-Neumeyr-Str. 7 - 85391 -
Allershausen - DE
Represented by
Gareth Williams and
Johannes Heselberger
2) Sumi Agro Europe Limited
Bürgermeister-Neumeyr-Str. 7 - 85391 -
Allershausen - DE
Represented by
Gareth Williams and
Johannes Heselberger

PATENT AT ISSUE
Patent no. Proprietor/s
EP2152073 Syngenta Limited

DECIDING JUDGE
COMPOSITION OF PANEL – FULL PANEL
Presiding judge and
Judge-rapporteur Matthias Zigann
Legally qualified judge Tobias Pichlmaier
Legally qualified judge Walter Schober
The order was made by Presiding Judge Matthias Zigann, acting as Judge-Rapporteur.

REQUESTS
Defendants request:
That the information contained in Confidential Exhibit SA-1 and in Confidential Exhibit SA-9 is
confidential information pursuant to R. 262A RoP, which is to be treated as strictly confidential
and may not be used or disclosed outside the present legal dispute, even after its conclusion; the
Applicant may only make the designated information accessible internally to such reliable
employees who have a legitimate interest in it. The persons with access to confidential
information are to be named to the Court and the Respondents. Any further access to the
designated information must be declared inadmissible.
Claimant does not formally object to the application of the Defendants to treat the information
contained in "Confidential Exhibits SA-1" and "Confidential Exhibit SA-9" confidential. It has
provided a list of employees within the Claimants group of companies who will get access to the
Exhibits in accordance with the Court's order, namely and

GROUNDS
The 262A application was submitted under APP_33361/2024. Due to a malfunction of the CMS, it
is not possible to work on the application within this workstream. Therefore, the current
workstream ORD_33490/2024 has been opened.
Claimant argues that the "Confidential Exhibits" in their view contain very little information that
may be regarded as confidential within the meaning of the applicable Rules of Procedure,
however it does not formally object to the application of the Defendants to treat the information
contained in "Confidential Exhibits SA-1" and "Confidential Exhibit SA-9" confidential. Defendants
have provided further grounds for their request. Claimant has not further commented on these
further grounds. Therefore, confidentiality protection is to be provided as requested.

ORDER
The information contained in Confidential Exhibit SA-1 and Confidential Exhibit SA-9 is
confidential information within the meaning of R. 262A of the Rules of Procedure, which must be
treated as strictly confidential and may not be used or disclosed outside the present
proceedings, even after their conclusion; the Claimant may only make the confidential
information accessible to and Any other access to the confidential
information is hereby prohibited.

Dr. Zigann
Presiding Judge and Judge-rapporteur

ORDER DETAILS
ACTION NUMBER: ACT_23636/2024
Application number: APL_33361/2024
ORD number: ORD_33490/2024 (3)
UPC number: UPC_CFI_201/2024
Application Type: 262A