UPClytics

Decisions

DateCaseDivisionActionMotionOutcomeSummary
2025-12-19UPC_CFI_494/2025Hamburg LDInfringement ActionProceduralProcedural onlyHamburg Local Division procedural order on HMD Global's request for production of licence agreements (R. 190 RoP) in Fraunhofer's SEP infringement action. The Court granted partial disclosure: HMD's request regarding the AAC Patent License Agreement with a named third party (whose identity is redacted) was granted subject to a confidentiality declaration, as Fraunhofer had consented. The request regarding a second bilateral agreement was not yet ripe for determination.
2025-12-19UPC_CFI_494/2025Hamburg LDProcedural OrderProceduralProcedural onlyDuplicate of the Hamburg Local Division order (19 December 2025) on HMD Global's request for production of licence agreements under R. 190 RoP in Fraunhofer's MPEG-4/AAC SEP infringement proceedings against HMD Global.
2025-06-20UPC_APP_22313/2025Milan LDApplication Rop 333ProceduralProcedural onlyMilan Local Division panel dismissed Ericsson's application for review (Rule 333 RoP) of the judge-rapporteur's order refusing to impose an 'external eyes only' confidentiality regime for license agreements submitted as FRAND evidence. The panel held that Ericsson failed to substantiate the specific antitrust risk from allowing one Asustek employee access to the documents. Leave to appeal was granted to allow the Court of Appeal to set a standard on external-eyes-only confidentiality regimes in SEP/FRAND cases.
2025-05-07UPC_APP_12517/2025Milan LDApplication Rop 265ProceduralWithdrawnDecision of the Milan Local Division permitting Telefonaktiebolaget LM Ericsson to withdraw its infringement action against Digital River Ireland Ltd. (which is in insolvency proceedings in Ireland), and permitting Digital River to withdraw its counterclaim for revocation. The Court ordered each party to bear its own costs for the infringement proceedings. Digital River was ordered to bear costs of the counterclaim proceedings and the stay application (EUR 5,500).
2025-05-07UPC_APP_12519/2025Milan LDApplication Rop 265ProceduralWithdrawnMilan Local Division (7 May 2025) allowed Ericsson's withdrawal of the infringement action against Digital River Ireland Ltd. (in insolvency) and Digital River's withdrawal of its counterclaim for revocation, while the proceedings continued against Asustek and Arvato. Each party bears its own costs in the withdrawal proceedings.
2025-04-28UPC_CFI_319/2024Milan LDApplication RoP262AProcedural onlyOrder from the Milan Local Division dated 28 April 2025 on R. 262A RoP applications filed by ASUSTek Computer Inc., Arvato Netherlands B.V. and Digital River Ireland Ltd. in infringement proceedings (and related counterclaim for revocation) brought by Telefonaktiebolaget LM Ericsson regarding EP 3 076 673. The court ruled on access restrictions for the 'Asustek Confidential Documents', limiting access to specified representatives, one licensing/valuation expert, and one designated company representative, subject to strict confidentiality obligations.
2025-04-28UPC_CFI_318/2024Milan LDApplication RoP262AProcedural onlyThe Milan Local Division (Judge-Rapporteur) issued an order in the infringement action by Telefonaktiebolaget LM Ericsson against ASUSTek Computer, Arvato Netherlands and Digital River Ireland concerning EP 3 076 673. The defendants' applications under R. 262A and R. 262.2 RoP sought confidential treatment ('external eyes only') for certain Asustek documents in both the main action and the related counterclaim for revocation. The court ruled on the conditions for granting an 'external eyes only' regime, finding it available in cases of proven risk of conflict between the patent system and antitrust law.