CoA, August 21, 2024, Order On A Request For A Discretionary Review Pursuant To R. 220.3 RoP, UPC_CoA_469/2024

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The exclusion of a specific natural person from the confidentiality club in the context of a R. 262.A order requires concrete reasons...

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1. Key takeaways

The exclusion of a specific natural person from the confidentiality club in the context of a R. 262.A order requires concrete reasons

The abstract risk that an in-house counsel could breach the confidentiality obligation due to conflicts of interest if the in-house counsel is included in the group of persons entitled to access confidential information in accordance with R.262A RoP is not sufficient to refuse his inclusion, unless there are concrete circumstances that justify such a suspicion.

2. Division

Luxemburg Court of Appeal

3. UPC number

UPC_CoA_469/2024

APL_45142/2024

4. Type of proceedings

Request for discretionary review pursuant to R. 220.3 RoP following an application pursuant to R.262A RoP

5. Parties

Respondents and Claimants in the main proceedings:

DISH Technologies L.L.C., Englewood, USA
Sling TV L.L.C., Englewood, USA

Appellants and Defendants in the main proceeding:

AYLO PREMIUM LTD, Nikosia, Zypern
AYLO Billing Limited, Dublin, Irland
AYLO FREESITES LTD, Nikosia, Zypern

6. Patent(s)

EP 2 479 680

7. Jurisdictions

8. Body of legislation / Rules

R. 220.3 RoP; R.262.A RoP

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