Overview · Filed: —
UPC_CFI_361/2025
DETERMINISTIC UE BEHAVIOUR FOR CSI/SRS REPORTING DURING DRX
InfringementMain Infringement ActionParis LDInfringement Action—
This case cites
Authorities cited within the decisions on file for this case.
Rules of Procedure · 9
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 220.2 | procedural | Binding | to any breach of the duty of confi- dentiality by any member of their team to whom they have granted access. 15 This order may be appealed in accordance with Rule 220.2 RoP. Issued in Paris, on 31 July 202 |
| 19 | novelty | Binding | PAGES] 1 Paris Local Division UPC_CFI_361/2025 Order of the Court of First Instance of the Unified Patent Court delivered on 30/10/2025 Preliminary Objection (R.19 RoP) CLAIMANT 1) Sun Patent Trust 437 Madison Avenue, 35th Floor 10022 - New York - US |
| 9.3 | FRAND | Binding | SUN PATENT brought before the present Division an infringement action against VIVO. On 26 August 2025, the judge rapporteur granted an extension of time under R. 9.3 RoP, ordering that a potential preliminary objection (PO) could be filed by 28 Septe |
| 19.1 (a) | FRAND | Binding | e (SoD) be filed by 28 November 2025. On 29 September 2025 (28 September was a Sunday), VIVO filed a PO arguing primarily that the UPC lacks jurisdiction under R.19.1 (a) RoP, claiming that only a FRAND defence can be dealt with by the UPC, but that |
| 19.1 (b) | jurisdiction | Binding | this case, SUN PATENT requested a ruling on this issue as the main claim. In addition, VIVO contests the internal competence of the Paris Local Division under R. 19.1 (b) RoP. VIVO asks the Court to: -allow the objection and dismiss the action in its |
| 20.1 | jurisdiction | Binding | to: -allow the objection and dismiss the action in its entirety, in the alternative partly, as inadmissible; -decide on the preliminary objection according to R. 20.1 RoP as soon as practicable after the expiry of the period referred to in R. 19.5 Ro |
| 19.5 | jurisdiction | Binding | ive partly, as inadmissible; -decide on the preliminary objection according to R. 20.1 RoP as soon as practicable after the expiry of the period referred to in R. 19.5 RoP and not defer a decision on the preliminary objection until a decision in the |
| 20.2 | procedural | Binding | the expiry of the period referred to in R. 19.5 RoP and not defer a decision on the preliminary objection until a decision in the main proceedings according to R. 20.2 RoP; The stay request was dealt with by a preliminary order issued on 13 October 2 |
| 20.2 | jurisdiction | Binding | e defendants. In this context, the court considers that it is appropriate to rule on the admissibility of claim A.II in the main proceedings in accordance with Rule 20.2 RoP. II) The competence of the Paris Local Division (R. 19.1 (b) and Art. 33 UPC |
courtName.other · 4
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| 58 | procedural | Binding | time of the oral hearing. The panel orders that: I- Confidential information 1-The following information is classified as “confidential” within the meaning of Art. 58 UPCA and R. 262A RoP, as mentioned below: 2-Access to the “confidential information |
| 63 | procedural | Binding | m (whether acting by their directors, officers, employees, agents or otherwise howsoever) from infringing European patent No. EP 3 852 468 with unitary effect (Article 63 UPCA) in the Contracting Member States (…) The court considers that it follows |
| 32.1 | FRAND | Binding | ringement. Thus, the question is whether the FRAND condition raised by the Claimant at the time of the SoC is admissible as it falls within or not the scope of Art. 32.1 UPCA. Against this background, in any event, the UPC has jurisdiction to hear th |
| 33 | jurisdiction | Binding | le on the admissibility of claim A.II in the main proceedings in accordance with Rule 20.2 RoP. II) The competence of the Paris Local Division (R. 19.1 (b) and Art. 33 UPCA) VIVO contests the territorial competence of the Paris LD in the case at hand |
UPC (CFI) · 3
| Target | Legal point | Strength | Excerpt |
|---|---|---|---|
| UPC_CFI_361/2025 | procedural | Binding | [FIRST PAGES] 1 Paris Local Division UPC_CFI_361/2025 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 31/07/2025 concerning the protection of confidential information APPLI |
| UPC_CFI_181/2025 | procedural | Binding | nother UPC LD: “This follows from the fact that effecƟve protecƟon of confiden- Ɵal informaƟon also requires clear accountability” (LD Düsseldorf, 15 July 2025, UPC_CFI_181/2025). This should be requested via a further specific applicaƟon. At this stag |
| UPC_CFI_361/2025 | procedural | Binding | [FIRST PAGES] 1 Paris Local Division UPC_CFI_361/2025 Order of the Court of First Instance of the Unified Patent Court delivered on 30/10/2025 Preliminary Objection (R.19 RoP) CLAIMANT 1) Sun Patent Trust 437 Madi |
Cited by
Subsequent UPC decisions citing this case.
| Cited in | Date | Legal point | Strength | Excerpt |
|---|---|---|---|---|
| UPC_CFI_361/2025 Paris LD | Jul 21, 2025 | procedural | Binding | [FIRST PAGES] 1 Paris Local Division UPC_CFI_361/2025 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 31/07/2025 concerning the protection of confidential information APPLI |
| UPC_CFI_361/2025 Paris LD | Oct 30, 2025 | procedural | Binding | [FIRST PAGES] 1 Paris Local Division UPC_CFI_361/2025 Order of the Court of First Instance of the Unified Patent Court delivered on 30/10/2025 Preliminary Objection (R.19 RoP) CLAIMANT 1) Sun Patent Trust 437 Madi |
| UPC_CoA_791/2025 Court of Appeal | Jan 26, 2026 | Paris LD confidentiality order (impugned) | Background | confidentiality obligations set out by the Paris LD (order of 31 July 2025, UPC_CFI_361/2025 and UPC_CFI_362/2025) |
| UPC_CoA_755/2025 Court of Appeal | Oct 31, 2025 | Paris LD FRAND infringement action | Background | On 18 April 2025 SUN PATENT brought an infringement action against VIVO before the Court of First Instance, Paris Local Division ... (ACT_18933/2025 UPC_CFI_361/2025) |
| UPC_CoA_755/2025 Court of Appeal | Sep 23, 2025 | Paris LD FRAND infringement action — basis for appeal | Background | On 18 April 2025, SUN PATENT brought two actions against VIVO before the Court of First Instance, Paris Local Division (ACT_18933/2025 UPC_CFI_361/2025) |