2026-06-15 - LD The Hague - Ericsson v. Transsion et al. - UPC-CFI-0001568/2025
- Aktenzeichen:
- UPC-CFI-0001568/2025
- Datum:
- Spruchkörper:
- Court of First Instance - The Hague (NL) Local Division
- Art:
- Order
- Parteien:
- Telefonaktiebolaget LM Ericsson (PUBL) v. Shenzhen Transsion Holdings Co. Et al.
Kernaussage: Deciding two applications for leave to appeal under R.
2026-06-15 - LD The Hague - Ericsson
v.
Transsion et al. - UPC-CFI-0001568/2025
notable
Deciding two applications for leave to appeal under R. 220.2 RoP in Ericsson's multi-patent SEP/FRAND infringement action against Transsion and resellers, the Hague LD refused leave against the judge-rapporteur's R. 20.2 order referring the preliminary objection (PO) to the main proceedings, and granted leave against the panel's R. 262A phased confidentiality order of 27 May 2026. Leave on the PO referral was refused because the referral was a discretionary case-management decision, the PO concerned only part of the case, and the underlying issue (FRAND determination as a condition for an injunction) was materially the same as already decided by the LD Paris and CoA in Sun/Vivo, so no further CoA guidance was needed. Leave on the confidentiality order was granted to let the CoA clarify whether a phased confidentiality regime (first-phase access to UPC representatives and party experts only, expanded later to a limited number of employees) is permissible in SEP/FRAND cases, whether limiting access to a few employees across several defendants is allowed, and whether a leave request filed on the last day of the first 15-day period is admissible. The Court noted, citing CoA Speed Care/Teleflex, that the absence of a CFI decision within the first 15-day period is deemed a refusal, so leave requests must be filed well before that period expires.