3V Sigma S.p.A. v. ACEF S.r.l. and AGA S.r.l.

This order was issued by the Local Division of Milan of the Unified Patent Court on September 23, 2025, in case UPC CFI n. 342/2025, presided over by Judge Pierluigi Perrotti.

The proceedings arose from an evidence preservation order (n. 21737/2025) issued on May 19, 2025. Following the execution of that order, the defendants AGA S.r.l. (formerly ACEF S.p.A.) and ACEF S.r.l. filed a request on June 26-27, 2025, under Rule 262A RoP for protection of confidential information regarding certain documents (the 'Confidential Documentation').

The defendants requested: (a) a complete prohibition on access by 3V Sigma (including its lawyers and consultants) to the unredacted Confidential Documentation; (b1) alternatively, access limited to 2 lawyers and 1 consultant; (b2) further alternatively, access to one administrator of 3V Sigma in addition to the lawyers and consultant. They argued that the Confidential Documentation consisted largely of technical documents received from MFCI Co. Ltd. (manufacturer of the MFSorb 513 filter) under contractual confidentiality obligations, and partly of technical data on other products and commercial/customer information of ACEF that fell outside the scope of the evidence preservation order.

By preliminary order n. 31297/2025 of June 30, 2025, the Court found no grounds to prohibit access to the Confidential Documentation by the claimant's representatives (limited to taking position on the Rule 262A request), invited 3V Sigma to file observations by July 10, 2025, and ordered that all evidence remain sealed pending further order. After further exchanges of written submissions, the parties reached agreement on several points:

- Absolute prohibition of access by 3V Sigma to documents nos. 1, 2, 19, and 20 (containing commercial information outside the scope of the evidence preservation order or relating to products other than MFSorb 513);

- Adoption of a confidentiality regime for documents nos. 3 to 18;

- Unrestricted access to all remaining documents.

The sole remaining disputed issue was the identification of persons authorized to access the confidential information in documents nos. 3 to 18, in compliance with Article 58 UPCA.

The Court applied Rule 262A.6 RoP, which implements Article 9 of EU Directive 943/2016 and requires that the number of persons granted access be no greater than necessary to ensure effective remedy and fair trial, while including at least one natural person from each party and their respective lawyers or representatives. The Court found no valid reason to prevent access by the claimant's representatives, noting the defendants had provided no justification for such a radical limitation contrary to the ordinary regime.

Following the interpretative approach in UPC CFI n. 181/2024 (LD Düsseldorf, order of July 15, 2025), the Court held that representatives may share confidential information with other members of their defense team actively involved in defense activities related to the proceedings, under their responsibility to maintain confidentiality.

The Court ordered that:

1. Access by 3V Sigma to documents nos. 1, 2, 19, and 20 is prohibited;

2. Information in documents nos. 3 to 18 is qualified as confidential under Article 58 UPCA and Rule 262A RoP;

3. Access to the confidential information is permitted only to: (a) the representatives of 3V Sigma (avv. Luca Pellicciari and avv. Lorenzo Battarino) and other members/collaborators of the Trevisan & Cuonzo law firm involved in the defense, under the representatives' responsibility; (b) one technical consultant of the claimant (to be named within 3 days); and (c) one natural person of 3V Sigma (dott. [name redacted]);

4. All such persons must maintain confidentiality, including after the conclusion of the proceedings;

5. Violations may result in pecuniary sanctions;

6. All other evidence is accessible without restrictions;

7. The order may be subject to an application for review under Rule 333 RoP within 15 days of notification;

8. Effective access to the expert's report and confidential documents was scheduled for October 21, 2025, at the Sub Registry of the Local Division of Milan, under the supervision of the judge rapporteur.