2026-08-24 - LD Lisbon - Ericsson v. ASUS et al. - UPC_CFI_757/2024
- Aktenzeichen:
- UPC_CFI_757/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Lisbon (PT) Local Division
- Art:
- Order
- Parteien:
- TELEFONAKTIEBOLAGET LM ERICSSON v. ASUSTek Computer Inc. , Digital River Ireland Ltd.
Kernaussage: The Lisbon Local Division dismissed a confidentiality application filed by the losing defendant three months after the decision on the merits and about a week before the deadline to hand over sales, cost and profit information the decision had ordered it to disclose.
2026-08-24 - LD Lisbon - Ericsson
v.
ASUS et al. - UPC_CFI_757/2024
notable
The Lisbon Local Division dismissed a confidentiality application filed by the losing defendant three months after the decision on the merits and about a week before the deadline to hand over sales, cost and profit information the decision had ordered it to disclose. The Court accepted, following the Court of Appeal, that R. 262A RoP applies mutatis mutandis to information disclosed under a court order, and that such an application is not automatically inadmissible merely because it comes after the merits decision. It held, however, that where the circumstances justifying protection already existed and were reasonably foreseeable during the main proceedings, the applicant bears the burden of explaining why it did not apply earlier — a burden the defendant did not discharge, and which is not lifted by the fact that the case had also been administratively closed. Obiter, the Court held that the request would in any event have failed in part on scope: a restriction on the purposes for which the receiving party may use information is a matter of substantive law, not of the confidentiality regime, which governs access.