2024-07-22 - LD Mannheim - DISH et al. v. Aylo Premium - UPC_CFI_471/2023

Was ist diese UPC-Entscheidung?

Zusammenfassung: The Mannheim LD panel (Tochtermann presiding, Böttcher rapporteur, Schober) dismissed the defendants' R. 333 RoP panel-review application challenging the Judge-rapporteur's 3 July 2024 R. 262A RoP confidentiality order. On admissibility, the panel confirmed — following the CoA in UPC_CoA_486/2023 (21 March 2024) — that the term 'case-management decision' under R. 333.1 RoP is to be interpreted broadly and that an order on a R. 262A RoP application qualifies because it shapes the procedural treatment of the case. On the merits, the panel confirmed its earlier balancing under R. 262A.5 and R. 262A.6 RoP: the defendants' interest in keeping the functioning of the accused embodiments confidential does not outweigh the claimants' interest in involving three named US-patent-bar-admitted natural persons who are familiar with the relevant technology and who also handle parallel US litigation. The confidentiality order itself and the secrecy obligation provide sufficient protection; absent specific indicia of unreliability (which the R. 262A applicant must show), the mere fact of parallel-litigation involvement does not disqualify a designated natural person. The panel also confirmed that numerical restrictions on and naming of the claimants' UPC representatives and their helpers are not required absent unreliability indicia; client-side control rests with the claimants and their representatives, subject to their own secrecy obligations. Leave to appeal refused (individual balancing).

Quelle und Fundstellen

Quelle: https://www.unified-patent-court.org/en/node/935

Referenz: ORD_42880/2024

Aktenzeichen: UPC_CFI_471/2023