UPC CoA 632/2025

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