Key takeaways
Request to determine that information is not relevant to the decision is inadmissible
The Court found that an application to declare requested information is not relevant to the decision is inadmissible. The decisiveness of the requested information can only be determined after oral proceedings, assessment of the patent’s validity and the sufficiency of the arguments presented by the Claimant.
Conditional withdrawal of information requests permissible
The Court interpreted conditional withdrawal of a request for information as a conditional application for information, which is permissible under intra-procedural conditions. This allows the party to safeguard its position if its current arguments are deemed insufficient.
Intra-procedural conditions involving third parties are allowed
The Court concluded that intra-procedural conditions are permissible even if the request for information is directed at a third party not directly involved in the main proceedings. This ensures flexibility in procedural measures for fair trial and information gathering.
Division
LD Mannheim
UPC number
UPC_CFI_471/2023
Type of proceedings
request for information
Parties
Applicants/Claimants: DISH Technologies L.L.C., U.S.A; Sling TV L.L.C., U.S.A.
Third party/Respondent: Cloudflare Inc., U.S.A.
Defendants/Respondents: AYLO PREMIUM LTD, Cyprus; AYLO Billing Limited, Ireland; AYLO FREESITES LTD, Cyprus; AYLO BILLING US CORP., U.S.A.; BROCKWELL GROUP LLC, U.S.A.; BRIDGEMAZE GROUP LLC, U.S.A.
Patent(s)
EP 2 479 680
Body of legislation / Rules
Rule 191 RoP
