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ICPillar v ARM (CoA, 26 July 2024)

Date26 July 2024
CourtCoA
DivisionLuxembourg (LU)
Type of actionApplication RoP262A
Registry referenceApp_33764/2024 · ORD_43826/2024
PartiesSimulity Labs Limited, Arm Germany d.o.o, ARM Limited, Arm France SAS, SVF Holdco, Arm Poland Sp. z.o.o, Arm lreland Limited, Arm Germany G…

Official decision (PDF) · UPC registry entry

Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.

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Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 26 July 2024 (UPC_CoA_301/2024, APL_33746/2024, App_33764/2024), in ICPillar’s appeal against the Paris Local Division’s order of 21 May 2024 requiring it to provide security for costs in favour of the ARM group companies, the Court of Appeal allowed ARM to amend its Statement of response, by 2 August 2024, in light of the unredacted version of Exhibit 4 (an insurance policy), confidentiality for which had been refused on 23 July 2024. ICPillar, by contrast, may not amend its Statement of appeal.

Question

Once confidentiality of an exhibit filed by the appellant has been lifted, may each party supplement its pleadings?

Decision

As ARM now has unrestricted access to Exhibit 4, whereas many passages had been blackened and its representative could not fully discuss them with it, an amendment of its Statement of response may be contemplated (paragraph 10). ICPillar’s equality of arms argument is rejected: it could, and should, have put forward its arguments based on the unredacted exhibit when lodging its appeal and its request for confidentiality (paragraph 11). If the amended Statement of response warrants it, ICPillar alone may file evidence in reply by 8 August 2024, and ARM may respond by 14 August 2024 (paragraphs 12 and 13). The oral hearing set for 20 August 2024 stands (paragraph 14).

Key points for practice

Provisions applied

Rules of Procedure
Rules 158.1 and 262A

Related decisions

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.


Decisions in the same proceedings

Going further

Lexicon: UPC Court of Appeal, Confidentiality club.

Dhenne Avocats blog: UPC Appeals: What the Numbers Show.

Source and translations

Official source
Unified Patent Court registry link recorded in the record
Original language
not recorded
Translation available
no translation recorded the firm’s French record is a summary, not a translation
Date checked
not recorded
Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

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Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.

Proceedings

No case number recorded in this record.

Parties

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act
Application RoP262A
Outcome (Dhenne Avocats summary)
ARM peut modifier son mémoire en réponse au vu de la version non caviardée de la pièce 4, alors qu'ICPillar ne peut modifier son mémoire d'appel. L'audience du 20 août 2024 est maintenue.
Appeal
Decision of the Court of Appeal.
Instance
Court of Appeal decision.

Related decisions cited in the analyses

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

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