Confidentiality Request in Patent Case - UPC Court of Appeal Order
The Court of Appeal of the Unified Patent Court (UPC) decided on a request for confidentiality regarding confidential information related to a patent dispute involving 4G+ technologies. The decision addressed the need to protect confidential information while ensuring fair trial rights and remedies. The Court allowed a limited number of Vivo's employees access to highly confidential information, with conditions to prevent misuse in licensing negotiations. The decision highlighted that employees should not be excluded from access solely due to their employment status, as this would limit a party's ability to prepare effectively for trial. The Court denied the full request for an 'External Eyes Only' regime but required measures to prevent unauthorized use. Penalties may be imposed on parties for breaches, reinforcing responsibilities under the UPC Agreement and Rules of Procedure.