1. Key takeaways
Admissibility of late submissions deferred post-hearing; panel to decide
The decision on rejecting the claimant's allegedly late FRAND submissions, and final admission of the defendant's reply, is deferred to the panel after the oral hearing.
No extension of written procedure; narrow provisional reply allowed (Rule 36 RoP)
The court closed the written phase and refused an extension; the defendant may file a narrowly scoped, provisional reply on the specific FRAND point. Case management supports avoiding delay (Art. 43 UPCA).
Tailored confidentiality regime for third‑party licence (Rule 262A RoP; Rules 290.2, 291 RoP)
- Confidentiality applies to the licence and derived non-public information; access limited to registered UPC representatives (and their assistants), three client employees, and an external economic expert team.
- Strict use limitations apply; enforceability relies on the UPC representatives' Rules of Conduct and sanction regime (Rules 290.2, 291 RoP).
Self‑production order with conditional withdrawal; licence due by deadline
- At its own request, the defendant is ordered to produce the third‑party licence by a set date, subject to a right to withdraw the request by that deadline.
- The court found the Rule 262A confidentiality regime sufficient to protect licensee interests and enable fair rebuttal on the specific FRAND point.
Public FRAND debate preserved; specific details only may exclude public (Rule 262.2 RoP)
Abstract FRAND issues remain public; any exclusion at hearing or in the decision is limited to specific confidential information protected under the order.
Strict use limits and sanctions for breach (Rule 262A; Rules 290.2, 291 RoP)
Confidential information may only be used in these proceedings; obligations continue post‑termination. Culpable breaches may trigger periodic penalty payments; the new order supersedes the preliminary order.
2. Division
LD Mannheim
3. UPC number
UPC_CFI_850/2024
4. Type of proceedings
Main infringement proceedings (FRAND issues, interim procedural orders)
5. Parties
Claimant: ZTE Corporation
Defendants/Applicants: Samsung Electronics Co., Ltd.; Samsung Electronics GmbH; Samsung Electronics France; Samsung Electronics Italia S.p.A; Samsung Electronics Benelux B.V.; Samsung Electronics Romania S.R.L.
6. Patent(s)
EP 3 905 730
7. Jurisdictions
UPC
8. Body of legislation / Rules
R. 36 RoP, R. 262A 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.
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