ARTICLE
2 April 2025

LD Mannheim, March 27, 2025, Request For Information, UPC_CFI_471/2023

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.
The Court found that an application to declare requested information is not relevant to the decision is inadmissible.
Germany Intellectual Property

1. 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.

2. Division

LD Mannheim

3. UPC number

UPC_CFI_471/2023

4. Type of proceedings

request for information

5. 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.

6. Patent(s)

EP 2 479 680

7. Body of legislation / Rules

Rule 191 RoP

self

2025-03-27-LD-Mannheim-UPC_CFI_471-2023-ORD_15005-2025-ACT_594191-2023 Download

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

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