Key takeaways
General order was issued stipulating that submissions on details of FRAND negotiations between the parties, even if they are only introduced into the proceedings in future pleadings, are already protected under R. 262A RoP
The information to be protected is confidential information belonging to at least one of the parties, because it relates to not publicly known details from the confidential licence negotiations between them. Taking the circumstances of the individual case and the interests of the parties involved into account, it is justified to protect said information by measures pursuant to R. 262A RoP.
It is justified to extend the protection to future submissions dealing with FRAND licence negotiations between the parties. This avoids the request and issuance of (essentially) identical orders after each written submission.
In addition, the parties reserve the right to apply for a stricter confidentiality regime for highly confidential information, e.g., information about third-party license agreements.
However, the protection of confidentiality only relates to the specific information. The abstract FRAND discussion will take place publicly. The public will only be excluded under specific circumstances.
Division
Local Division Mannheim
UPC number
UPC_CFI_481/2025
Type of proceedings
Infringement Action; Court order regarding confidentiality of FRAND negotiations in general
Parties
Claimant: Huawei Technologies Co. Ltd.
Defendant: HMD Global Oy
Patent(s)
EP 3 667 981
Body of legislation / Rules
R. 262A RoP
