2024-06-26 - CD Paris - Suinno v. Microsoft - UPC_CFI_164/2024
- Aktenzeichen:
- UPC_CFI_164/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Central Division - Seat
- Art:
- Application Order
- Parteien:
- Suinno Mobile & AI Technologies Licensing Oy v. Microsoft Corporation
Kernaussage: The Paris Central Division, through judge-rapporteur Catallozzi, granted Suinno's R.
2024-06-26 - CD Paris - Suinno
v.
Microsoft - UPC_CFI_164/2024
notable
The Paris Central Division, through judge-rapporteur Catallozzi, granted Suinno's R. 262A RoP application to restrict access to two license agreements containing business secrets, limiting disclosure to Microsoft attorneys and Microsoft directors with a legitimate need. Before reaching the substance, the court rejected Microsoft's preliminary admissibility objection, which had argued that Suinno's representative — also the named inventor, original applicant and Managing Director of successive assignees — was not an 'independent counsellor' as required by Article 2.4.1 of the UPC Code of Conduct and R. 290(2) RoP. The court held that the independence obligation protects the represented party's right to an effective defence and so cannot be invoked by the opposing party, and that mere administrative or personal involvement does not, in itself, breach the duty of independence absent evidence of harm to the represented party.