Key takeaways
Submission in rejoinder, insofar as it concerns two third-party license agreements, will not be taken into account in the further proceedings
The submissions in the rejoinder, insofar as they concern two third-party license agreements that are subject of the requested further access restrictions, will not be taken into account in the further proceedings.
The Defendants have submitted three third-party license agreements with their rejoinder. At the same time, they have filed applications for secrecy protection which, with regard to access restrictions for two of the three third-party license agreements, partially go beyond the previously established secrecy protection regime.
The party must regularly obtain an order for access restrictions for third-party license agreements at an early stage such that it is able to make its submission within the applicable time limits.
In the present case, the Defendants would have had reason to apply for secrecy protection orders for the third-party license agreements at an earlier stage. It is neither submitted nor otherwise apparent why the Defendants waited until the rejoinder and until a few weeks before the scheduled hearing date.
Division
Mannheim Local Division
UPC number
UPC_CFI_219/2023
Type of proceedings
Infringement proceedings
Parties
Panasonic Holdings Corporation (Claimant)
Xiaomi Technology Germany GmbH, Xiaomi Technology France S.A.S, Xiaomi Technology Italy S.R.L, Xiaomi Technology Netherlands B.V., Odiporo GmbH, Shamrock Mobile GmbH (Defendants)
Patent(s)
EP 2 568 724
Body of legislation / Rules
Rule 262A RoP
