Key takeaways
No separation of proceedings to avoid potential conflicts with EU competition law
Where several defendants belong to different competing groups of companies, potential conflicts with EU competition law may arise from the submission of sensitive confidential information about a company’s business in the proceedings. If these conflicts arise solely from the fact that the defendants have chosen to be represented by the same UPC representative, LD Mannheim refuses to separate the proceedings in order to avoid potential conflicts with EU competition law. The exchange of information between competitors in the course of legal proceedings is in any case limited to the purposes of the proceedings, so that such information is not exchanged for the purpose of harming competition. It is up to the defendants to conclude an additional agreement on confidentiality and limited use of the information.
Division
LD Mannheim
UPC number
UPC_CFI_819/2024, App_17158/2025
Type of proceedings
Request for separation of proceedings
Parties
Corning Incorporated
vs.
Hisense Gorenje Germany GmbH
et. al.
Patent(s)
EP 3 296 274
Body of legislation / Rules
R. 303.2 RoP
