Nintendo v Malikie (UPC_CFI_537/2024)
Decision date:
23 April 2025
Osborne Clarke summary
- This was a procedural order in an infringement action. The defendants in the infringement action, Nintendo, requested that their sales data in their statement of defence be declared confidential and access be restricted to two reliable natural persons within the claimant, Malikie.
- The Hamburg LD stated that when deciding whether to grant protection for the allegedly confidential information, the court has to weigh the right of a party to have unlimited access to the documents contained in the file, which guarantees its fundamental right to be heard, against the interest of the opposing party to have its confidential information protected. Both fundamental principles have to be balanced against each other on the instant facts of the particular case.
- In this case, the Court granted the request. The Hamburg LD concluded that the Nintendo's request was not too broad and granting the request did not interfere with Malikie's right to a fair trial.
Issue
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