Düsseldorf Local Division
UPC_CFI_837/2024
UPC_CFI_349/2025
UPC_CFI_394/2025

Procedural Order
of the Court of First Instance of the Unified Patent Court
issued on 12 August 2025
concerning EP 2 728 089 B1

CLAIMANT:
American Wave Machines, Inc., 224 South Cedros, Suite C, Solana Beach, CA 92075, United States of America
represented by: Attorney-at-law Roland Küppers, LL.M., Taylor Wessing Part-GmbB, Benrather Straße 15, 40213 Düsseldorf, Ger-many
Electronic address for service: r.kueppers@taylorwessing.com

DEFENDANTS:
1. Surftown GmbH, Lilienthalstr. 12, 85399 Hallbergmoos, Germany
2. WhiteWater Era GmbH, Zielstattstraße 11, 81379 München, Germany
3. WhiteWater West Industries Ltd., 180-6651 Fraserwood PI, Richmond, BC, V6W 1J3, Canada
4. Endless Surf Ltd., 180-6651 Fraserwood PI, Richmond, BC, V6W 1J3, Canada
Defendant 1. represented by: Attorney-at-law Dr Philipp Neuwald, Lorenz Seidler Gossel, Widenmayerstrasse 23, 80538 Munich, Germany
Electronic address for service: neuwald@lsg.eu
Defendant 2. – 4. represented by: Attorney-at-law Dr Tobias Wuttke, Bardehle Pagenberg, Prinzregentenplatz 7, 81675 Munich, Germany
Electronic address for service: wuttke@bardehle.de

PATENT IN SUIT:
EUROPEAN PATENT NO. EP 2 728 089 B1

PANEL/DIVISION:
Panel of the Düsseldorf Local Division

DECIDING JUDGES:
This order was issued by Presiding Judge Thomas acting on behalf of the legally qualified Judge Dr Thom as judge-rapporteur.

LANGUAGE OF THE PROCEEDINGS: English

SUBJECT: R. 262A RoP – Protection of confidential information

ORDER:
A. As the Defendants have no longer raised any objections to the natural person named by the Claimant, the order of 1 August 2025 is amended as follows:
I. The following information is classified as confidential within the meaning of Art. 58 UPCA, R. 262.2 RoP:
The information relating to technical details of the challenged embodiment as highlighted in grey in the statements of defence and the counterclaims for revocation of Defendants 1. and 2. to 4. in marginal nos. 91-96, 98-103, 106, 109, 110, 117, 118, 123, 124, 131, 136-139, 150-152, 154, 155, 157, 161, 162, 164-168 of these statements, blackened in Exhibits BP 2 and BP 4, and/or contained and marked as confidential in the unredacted version of Claimant’s brief of 16 May 2025, Defendant’s 1) brief of 27 June 2025 and Defendants’ 2) to 4) briefs of 26 May 2025 (Exhibit 7a) and of 25 June 2025,
as long as the respective information goes beyond the following general statements:
II. Access to the unredacted version of Defendants’ statements of defence
and counterclaims for revocation dated 22 April 2025 and the unredacted
version of Exhibits BP 2 and BP 4 is restricted, on the part of the Claimant,
to
1. Claimant’s legal representatives, insofar as they are authorized to
represent the Claimant before the UPC in the present litigation, and
their internal assistants, whereby only those professionals
authorized to represent the Claimant before the UPC in the present
litigation and their assistants from the law firm of Claimant’s legal
representatives have access to the confidential information required
for cooperation in the present litigation;
2. Mr […].
The same applies with regard to the unredacted version of Claimant’s brief of 16 May 2025, Defendant’s 1) brief of 27 June 2025 and Defendants’ 2) to 4) briefs of 26 May 2025 (Exhibit 7a) and of 25 June 2025.
III. Information classified as confidential in paragraph I. shall be treated as such by Claimant’s legal representatives, insofar as they are authorised to represent the Claimant in the present litigation before the UPC, their inter-nal assistants, and Mr […]. It shall not be used or disclosed outside of these court proceedings except to the extent that it has come to the knowledge of the receiving party outside these proceedings, provided that the receiv-ing party has obtained it on a non-confidential basis from a source other than the Defendants or their affiliates, provided that such a source is not bound by a confidentiality agreement with or other obligation of secrecy with the Defendants or their affiliates.
IV. In the event of a culpable breach of this order, the Court may impose a penalty payment for each breach, to be determined having regard to the circumstances of each case.
B. As soon as this order is available for the Claimant in the CMS, the condition specified in the order of 20 June 2025 is fulfilled.

DETAILS OF THE ORDER:
App_19218/2025, App_19229/2025, App_20886/2025, App_23512/2025 and App_25040/2025 under main file reference ACT_67723/2024, CC_18456/2025 and CC_20902/2025
UPC number: UPC_CFI_837/2024, UPC_CFI_349/2025 and UPC_CFI_394/2025
Type of procedure: Infringement action and counterclaim for revocation

Issued in Düsseldorf on 12 August 2025