2026-09-02 - LD Düsseldorf - InterDigital v. Disney et al. - UPC_CFI_297/2025

The Düsseldorf Local Division revoked the granted claims of a media-sharing patent for lack of novelty, upheld it in the wording of the tenth auxiliary request examined and found indirect infringement of that amended claim by a streaming service. The order on information and accounting is the substantial part: the right under Art. 67 UPCA with Art. 68(3)(a) and (b) UPCA and R. 191 RoP covers supporting documents and, at the Court's discretion, confirmation by a sworn auditor or an affidavit, for which no express legal basis in the UPCA or the Rules is needed because it is a matter of evidence. Since the Court of Appeal has held that there is no implicit limitation on the use of information obtained under Art. 67 UPCA, a use limitation was written into the operative part, and access was restricted to outside counsel and two named representatives by a separate confidentiality order under R. 262A RoP, which applies at least mutatis mutandis to information a party must disclose under a decision rather than information in its own pleadings. Enforcement security was refused because the defendants put forward nothing to justify it and did not answer the claimant's evidence of solvency, and the interim award of damages was dismissed as unjustified.