2025-09-08 - CD Paris - Microsoft v. Suinno

1. In compliance with EU law, for the purposes of applying Rule 262A ‘RoP’, information may be considered confidential when it is known only to a limited number of persons, its disclosure is liable to cause serious harm to the person who has provided it or to third parties and the interests liable to be harmed by disclosure are, objectively, worthy of protection. 2. The information concerning the number of hours spent on the case by the instructed representatives and the fees agreed upon between the parties must be considered confidential because its disclosure provides insight into the client’s financial standing and commercial strategy, the perceived value of the patent as a corporate asset, and the resources committed to fighting particular infringements. 3. The information concerning the number of hours spent on the case by the instructed attorneys and the fees agreed upon between the parties falls within the scope of the attorney-client privilege provided by Rule 287 ‘RoP’, as it pertains to the communication between the party and its representatives concerning the management of the judicial proceedings.

The Paris CD (Seat) granted confidentiality protection under R. 262A RoP for law firm invoices submitted in cost proceedings. Applying EU law principles (three cumulative conditions from CJEU case law), the court held that attorney billing information — including hours worked, fee rates, and team allocation — is confidential because it reveals the client's financial standing, commercial strategy, perceived patent value, and resources committed to enforcement. The information also falls under attorney-client privilege (R. 287 RoP) as it pertains to communications between party and representatives regarding case management. The court declined to set fixed penalty amounts for non-compliance, reserving determination until the severity and culpability of any breach is assessed.