ARTICLE
16 April 2025

LD Mannheim, April 9, 2025, Request To Separate Proceedings, UPC_CFI_819/2024

BP
Bardehle Pagenberg

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
Where several defendants belong to different competing groups of companies, potential conflicts with EU competition law may arise from the submission...
Germany Antitrust/Competition Law

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

2024-04-09 LD Mannheim UPC_CFI_819_2024_en Download

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