ARTICLE
9 September 2024

LD Mannheim, September 3, 2024, Order On Protection Of Confidential Information, UPC_CFI_219/2023

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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.
Submission in rejoinder, insofar as it concerns two third-party license agreements, will not be taken into account in the further proceedings
Germany Intellectual Property

1. 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.

2. Division

Mannheim Local Division

3. UPC number

UPC_CFI_219/2023

4 .Type of proceedings

Infringement proceedings

5. 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)

6. Patent(s)

EP 2 568 724

7. Body of legislation / Rules

Rule 262A RoP

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2024-09-03-LD-Mannheim-UPC_CFI_219-2023-ORD_50015-2024-App_49142-2024
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