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ARTICLE · 18 MARCH 2026

UPC: Take Proactive Steps To Protect Your Confidential Information And Trade Secrets

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The Unified Patent Court's Court of Appeal has reinforced critical procedural requirements for protecting confidential information and trade secrets in patent litigation.

European UnionIntellectual Property
Charles Tuffreau
Charles Tuffreau
Marie Barani
Marie Barani
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On March 18, 2026, the Court of Appeal of the Unified Patent Court (the UPC) dismissed an appeal over the protection of information. The UPC Court of Appeal confirmed its previous approach: there is no implicit limitation over the use of information received without restriction in compliance with a previous court’s decision or order. Such information, absent restrictions or a rule of procedure (RoP) 262.2A order, loses its confidentiality or status as a trade secret.

Background

Insulet filed provisional measures against EOFlow for the infringement of a unitary patent on a patch insulin pump. The UPC Milan Central pision rejected the claim. On April 30, 2025, the UPC Court of Appeal reversed the decision and granted a preliminary injunction against EOFlow. Subsequently, on July 22, 2025 the UPC Milan Central pision adjudicated on the merits, and ordered EOFlow to provide Insulet with complete information on the extent of infringement since June 19, 2024.

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