Confidential Information Protection Order in Ericsson v. ASUS and Others

This legal decision from the Court of Appeal of the Unified Patent Court addresses an application concerning the protection of confidential information under Rule 262A RoP. The court emphasizes balancing the need for confidentiality with ensuring the right to a fair trial. Ericsson sought an 'External Eyes Only' (EEO) regime to protect certain license agreements, which was opposed by ASUS and rejected by the lower court, leading to this appeal.

The court reiterates that employees should not be denied access to confidential information solely because of their employment status, as this would hinder the party's ability to effectively participate in the trial. The appeal involves confidentiality of Ericsson's license agreements, and the court's decision allows access to confidential info to include one individual from each party, not strictly limited to external experts, rejecting the EEO regime.

The decision highlights the importance of appropriate representation and maintaining confidentiality, especially when third-party interests are involved in license agreements.

UPC Publication Date:01/26/2026
Summarized:01/29/2026
Type:Appeal RoP220.2
Court:Luxembourg (LU)
Parties:TELEFONAKTIEBOLAGET LM ERICSSON v. v. v. ASUSTEK Computer inc., Arvato Netherlands B. V. and APPLE Inc. (intervener)
Winning Party:ASUS
Counterclaim:Yes
Patent Number:EP 2 727 342, EP 3 076 673
Patent Title:N/A
Grounds for decision:Protection of confidential informationRight to fair trialProportionality of confidentiality measures
Remedies