1. Key takeaways
Intervention in appeal proceedings is admissible if a direct legal interest in an interim order is shown (R. 313 RoP)
The Applicant was allowed to intervene in the appeal proceedings because the confidentiality regime for license agreements submitted in the proceedings could affect the Applicant's business interests by exposing its confidential information to competitors.
Legal interest for intervention extends to confidentiality regimes, not just the main action (R. 313.1, 313.2 RoP)
The Applicant's interest was specifically in the confidentiality regime applied to documents containing its information, not in the patent infringement or validity issues themselves.
2. Division
Court of Appeal
3. UPC number
UPC_CoA_631/2025, UPC_CoA_632/2025
4. Type of proceedings
Appeal against procedural orders regarding confidentiality and intervention
5. Parties
Applicant/Intervener: Apple Inc.
Appellant (Claimant and Counterdefendant in the main proceedings):
Telefonaktiebolaget LM Ericsson
Respondents (Defendants and Counterclaimants in the main
proceedings): ASUSTEK Computer Inc.; Arvato Netherlands B.V.
6. Patent(s)
EP 2 727 342
EP 3 076 673
7. Jurisdictions
UPC
8. Body of legislation / Rules
R. 313 RoP
R. 314 RoP
R. 315 RoP
R. 262 RoP
R. 262A RoP
R. 263 RoP
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.
