UPC CoA 631/2025

The Court of Appeal issued a final order on the protection of confidential information (R. 262A RoP) in the Ericsson v. ASUS infringement proceedings. The Court established a confidentiality club granting access to: court representatives and their assistants, Ericsson's licensing expert Robert Mills (Berkeley Research Group), ASUS's licensing expert Philip Kline (EconEdge), and one natural person from each party. Persons with access to confidential licence agreement information may not participate in or advise upon patent licensing negotiations with the relevant counterparties for five years.

The Court of Appeal (Panel 1a) partially granted Ericsson's application for rectification (R. 353 RoP) of the Court of Appeal's order of 26 January 2026 on confidentiality club access under R. 262A RoP in the Ericsson v ASUS infringement proceedings concerning EP 2 727 342 and EP 3 076 673. Paragraph VI of the operative part was rectified to apply only to ASUS's designated employee (not Ericsson's), correcting an obvious slip. ASUS's auxiliary request was rejected.