UPC CoA 631/2025

At the UPC: Ericsson Group (53 cases)·Asus Group (46 cases)

• 2026-01-26
  Appeal RoP220.2Public

  Summary: 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.

  Show the legal issues (4)

  • Protection of confidential information (R. 262A RoP)
  • Confidentiality club composition
  • Access for employees of parties
  • Post-proceedings confidentiality obligations in FRAND/licensing disputes
• 2026-01-26
  Appeal RoP220.2Public

  Summary: 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.

  Show the legal issues (3)

  • Rectification of obvious slip in court order (R. 353 RoP)
  • Confidentiality club - access restrictions under R. 262A RoP
  • Prohibition on participation in licensing negotiations for employees with access to confidential licence agreements
• 2025-09-23
  Application RoP313

  Summary: Court of Appeal admitted Apple Inc.'s applications to intervene in the appeal proceedings (Ericsson v. ASUS) concerning confidentiality orders relating to licensing agreements between Ericsson and Apple. The CoA held that Apple has a direct and present legal interest in the result of the proceedings under R.313.1 RoP, as the confidential information at issue concerns Apple–Ericsson agreements. Apple was granted 15 days to file a Statement in intervention and will be permitted to participate in the oral hearing.

  Show the legal issues (3)

  • Intervention application (R.313, R.314, R.315.1 RoP)
  • Legal interest in result of proceedings
  • Confidentiality orders and third-party licensing agreements