UPC CoA 298/2024

Order of the Court of Appeal (Panel 2) on appeals by Guangdong OPPO Mobile Telecommunications and OROPE Germany GmbH against the Mannheim Local Division's refusal to order document production (Rule 190 RoP) in FRAND-related patent proceedings by Panasonic. The Court of Appeal held: (1) a defendant may rely on Rule 190.1 to seek production of counter-evidence; (2) the court must balance the defendant's interest in evidence useful for a FRAND defence against the other party's and third parties' confidentiality interests; (3) the first-instance court has discretion under Rule 190, which may include sequencing considerations; (4) the assessment may depend on the procedural stage and may be premature at earlier stages.

The Court of Appeal upheld the Düsseldorf Local Division's order refusing to require Panasonic to produce licence agreements for the FRAND defence raised by OPPO/OROPE, ruling that the request did not yet satisfy the requirements of necessity, relevance, and proportionality at the current stage of proceedings.

Court of Appeal dismissed OPPO and OROPE's appeal against orders denying their requests for production of evidence (R.190 RoP) in FRAND proceedings. The Court held that the CFI acted within its margin of discretion in finding that production of Panasonic's settlement licence agreements did not meet criteria of necessity, relevance and proportionality at the current stage of proceedings.

Court of Appeal order on OPPO's appeal concerning requests for production of evidence (R. 190 RoP) to support a FRAND defence. The Court held that a defendant may invoke R. 190.1 RoP to request production of counter-evidence. The court must balance the defendant's interest in disclosure of documents useful to a FRAND defence against the other party's interest in protecting confidential information. The first-instance court has discretion, including as to timing in the proceedings. An application may not yet satisfy the requirements of necessity, relevance and proportionality at one stage but may do so at a later stage.