2025-08-26 - LD Paris - Sun Patent Trust v. Vivo

1-Clarification on the runtime of terms for filing PO and SoD (R.9.1 RoP): Even though the final confidentiality order did not expressly mention that it constituted the starting point for the time limits, it is clear from reading the provisional order issued following the case management meeting, where all the parties agreed on this issue, that the final order defining the confidentiality circle set that starting point. Given that the defendants' representatives have had access to the entire “unredacted” file since the date of the provisional order, and that there is no suspensive effect for an appeal of an order pursuant to R. 220. 2 RoP, unless the Court of Appeal (CoA) decides otherwise at the motivated request of one of the parties under R. 223 RoP. In the present case, the UPC CoA rejected the request for suspensive effects. Consequently, the time limits for filing PO and SoD started to run on the date of the final confidentiality order. 2. Alternative request for an extension of terms for filing a PO and the SoD (R.9.3 (a) RoP): The Court notes that the extension of the time limits provided for in R.9.3 RoP must be granted very strictly, given the principle of procedural efficiency and the objective of dealing with cases on the merits within a 12-month period. Taking into account the principle of the fair trial, the judge rapporteur notes that the appeal against the final confidentiality order relates only to the 'highly confidential' information concerning the FRAND objection that the defendants could raise. (…). However, the Judge rapporteur agrees to take into consideration the agreement between the parties according to which the Defendants accepted voluntarily to postpone until today, giving access to the unredacted file to the three natural persons designated in the final confidentiality order upon the request of the Claimant. Consequently, the judge-rapporteur will grant an extension for filing a Preliminary Objection (PO) and lodging the Statement of Defense (SoD), but strictly limited to three weeks (nearly corresponding to the period between the date of the final confidentiality order to the date of the present order).

Paris LD clarified PO/SoD deadlines started from final R. 262A confidentiality order of 31 July 2025 even without express language — CMC agreement governs. R. 262A appeals have no automatic suspensive effect. CoA rejected suspensive effect. 3-week extension for voluntary compliance with access delay. R. 9.3 very strictly applied.