2026-07-15 - LD Düsseldorf - CA v. Deutsche Telekom - UPC-CFI-0000672/2026

Was ist diese UPC-Entscheidung?

Zusammenfassung: In an infringement dispute over EP 1 934 794 B1, the Düsseldorf Local Division (judge-rapporteur Thomas) partly granted the defendants' application under R. 262.2 and R. 262A RoP to protect confidential information in their statement of defence. The Court confirmed the admissibility of the application (Art. 9(1)(2) of Directive (EU) 2016/943; Art. 58 UPCA; R. 262.2/262A RoP), noting that restricting the opposing party's use of confidential information requires a R. 262A RoP request — a mere R. 262.2 RoP request does not suffice (following the Court of Appeal in Strabag v Swarco and EOFlow v Insulet) — and that the formal requirements of R. 262A.2/.3 RoP and the claimant's hearing under R. 262A.4 RoP were satisfied. On the merits it upheld protection (undisputed) for revenue figures, infrastructure and enforcement consequences, and (contested) for the internal availability of technical and commercial information about the accused embodiment and the internal effort to ascertain it, which have economic value because they reveal the defendants' internal structure, organisation and business processes not accessible to competitors. It refused protection for customer names and customer information, which are already publicly known — the customers themselves advertising that they obtain the accused embodiment — and lifted the provisional order of 17 June 2026 to that extent. Leave to appeal was not granted (none sought), the order being consistent with CoA case law, and the defendants were ordered to file redacted versions within one week.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC-CFI-0000672/2026