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.

UPC Publication Date:01/26/2026
Summarized:01/29/2026
Type:Appeal RoP220.2
Court:Luxembourg (LU)
Parties:Sun Patent Trust v. v. v. Vivo Mobile Communication Co., Ltd., Vivo Tech GmbH, Vivo Mobile Communication Iberia SL and APPLE Inc. (intervener)
Winning Party:Not explicitly stated
Counterclaim:No
Patent Number:EP 3 852 468, EP 3 407 524
Patent Title:Not specified in the document
Grounds for decision:Right to a fair trialBalance of interestsRole and trustworthiness of employees
RemediesConfidentiality safeguards