2026-05-11 - LD Düsseldorf - Yangtze Memory Technologies v. Micron Semiconductor - UPC-CFI-0001035/2025

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Düsseldorf Local Division (Panel 1, Presiding Judge Thomas as rapporteur) grants Yangtze Memory's application under Art. 58 UPCA and R. 262A RoP to protect a TechInsights reverse-engineering report on the Y52P die that it wishes to introduce as Exhibit BB 24 in the Micron infringement action concerning EP 3 909 047. The legal need for the order arises from US export-control restrictions: under the contractual licence between TechInsights and Yangtze's US counsel, Yangtze's external representatives are licensed to use the report in patent litigation but are contractually and (potentially) statutorily prohibited from disclosing its contents to Yangtze itself. The Court therefore issues a 'self-imposed' confidentiality order — excluding any natural person on the Claimant's side from the confidentiality club — while not capping the number of natural persons on the Defendants' side. Three points are reaffirmed: (i) R. 262A RoP is not limited to trade secrets and reaches any information whose nature requires confidential treatment (DISH v Aylo); (ii) self-protection orders against the requesting party are admissible where a legitimate interest is shown (Panasonic v Xiaomi; Munich LD CFI_9/2023); (iii) the R. 262A.6 RoP requirement of at least one natural person per party is protective in nature and can be waived by the party it is intended to protect (Sun Patent v Vivo CoA; Fujifilm v Kodak; 10x Genomics v Vizgen; Oerlikon v Himson). The question whether R. 288 RoP litigation privilege independently supports the protection is left open as non-decisive.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC-CFI-0001035/2025