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UPC CFI 1793/2025

Nov 29, 2025·EP3245744 SEP +2 more · CODEBOOK SUBSET RESTRICTION SIGNALING

Case details
Status
Case Closed
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Respondents
Patents
Division
The Hague LD
Technology
  • Electrical engineering
    Digital communication · Telecommunications · Basic communication processes
Language
English
First decided
May 8, 2026
Last decision
May 27, 2026
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Infringement foundMedian days to first decision
All UPC53% (62/117)124
The Hague LDLockedLocked
Judge Edger BrinkmanLockedLocked
Judge Margot KokkeLockedLocked
Judge Samuel GranataLockedLocked
Judge Christian KellerLockedLocked

At the UPC: Ericsson Group (53 cases)·Transsion Group (31 cases)

Decisions
  • 2026-05-27
    Infringement ActionPublic

    Summary: The Hague Local Division issued a confidentiality order under Rules 262A and 262.2 RoP in three consolidated Ericsson v. Transsion proceedings. The order restricts access to Ericsson's confidential licensing information to authorised UPC representatives and a limited set of designated external experts, imposes penalty payments of up to EUR 1,000,000 for breach, and sets case management orders including dismissal of a new R.9.3 application and a R.333 application.

    Show the legal issues (8)
    • confidentiality order
    • access to confidential licensing information
    • Rule 262A RoP
    • Rule 262.2 RoP
    • penalty for breach of confidentiality
    • case management
    • R.9.3 application
    • R.333 application
  • 2026-05-14
    Infringement ActionPublic

    Summary: The judge-rapporteur granted a two-week extension for the Transsion defendants to file the non-technical Statement of Defence (including FRAND aspects) until 29 May 2026. The order also directed Ericsson to comment on new confidentiality-related information by 19 May 2026, invited both parties to update their positions on the confidentiality regime, and set deadlines for responding to outstanding procedural matters including a pending R.333 revision application.

    Show the legal issues (5)
    • R.9.3 RoP extension of deadline for non-technical Statement of Defence
    • R.262A/R.262.2 confidentiality regime for FRAND-related comparable licence information
    • FRAND defence access to confidential information by in-house personnel
    • R.333 RoP application for revision of prior procedural order
    • Phased confidentiality club regime including external-eyes-only phase
  • 2026-05-13
    Infringement ActionPublic

    Summary: The judge-rapporteur dismissed the Transsion defendants' R.9.3 application to extend the deadline for filing the combined non-technical Statement of Defence in three related infringement cases. The court found no exceptional circumstances justifying the extension, noting that the defendants' representatives had had access to confidential information since February 2026, the application was filed only one week before the deadline, and access by natural persons was not necessary at this stage of proceedings for a fair trial.

    Show the legal issues (6)
    • Extension of deadline for filing Statement of Defence (R.9.3 RoP)
    • Confidentiality regime under R.262A/262.2 RoP
    • Access to confidential information by in-house personnel vs. representatives only
    • FRAND defence in SEP infringement proceedings
    • Phased confidentiality club / external eyes only regime
    • Front-loaded nature of UPC proceedings
  • 2026-05-08
    Infringement ActionPublic

    Summary: The judge-rapporteur issued a preliminary order following a case management hearing held on 5 March 2026. The order directs that the case proceed according to the Rules of Procedure and invites the parties to submit an agreed confidentiality regime, including a confidentiality club, failing which the Transsion defendants may respond to the confidentiality request by 10 April 2026. No substantive patent ruling was made.

    Show the legal issues (4)
    • Case management and procedural scheduling
    • Confidentiality regime and confidentiality club (R.262A/262.2)
    • FRAND defence and potential counterclaim
    • Coordination of parallel proceedings in multiple UPC local divisions and other jurisdictions
Document titleDatePublic
Case closed2026-08-26Not public
Order2026-08-26Not public
Order2026-08-26Public
Receipt2026-08-19Not public
Cover sheet2026-08-19Not public
Document2026-08-19Not public
Communication2026-08-14Not public
Receipt2026-07-10Not public
Cover sheet2026-07-10Not public
Application document Claimant2026-07-10Not public
Accepted arguments
What the court agreed with — by party.
  • Defendants' representatives have had unrestricted access to Confidential Information since 13 February 2026 and the technical expert since 23 April 2026; access by natural persons is not necessary at this stage for a fair trial

    ClaimantLegal basis: R.9.3 RoP; right to fair hearing
  • The R.9.3 Application was filed only one week before the deadline that was set three months earlier, with no compelling justification for such late filing

    ClaimantLegal basis: R.9.3 RoP
  • Transsion defendants took two months to reply to the confidentiality application and showed no urgency in reaching a confidentiality agreement; they cannot use the resulting lack of agreement to justify an extension

    ClaimantLegal basis: R.9.3 RoP
  • Simultaneous multi-jurisdiction litigation is a foreseeable consequence of global corporate operations and does not constitute an exceptional circumstance

    ClaimantLegal basis: R.9.3 RoP
Rejected arguments
What the court did not agree with — and why.
  • A phased confidentiality approach is unacceptable because it prevents timely in-house access and materially impairs defendants' ability to prepare and finalise the non-technical Statement of Defence, requiring an open-ended extension tied to a confidentiality order

    RespondentLegal basis: R.9.3 RoP; right to fair hearing
  • Simultaneous Ericsson lawsuits in multiple jurisdictions bind Transsion's internal resources and caused a prolonged coordination process justifying an extension

    RespondentLegal basis: R.9.3 RoP