Acer Computer v Nokia Technologies (CFI, ORD_21985/2025, 30 June 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 30 June 2025, Judge Visser, presiding judge and judge rapporteur (Paris Central Division), granted Acer Computer access to the statement for revocation and its exhibits, the defence, the reply and the rejoinder in HP Printing and Computing Solutions’ revocation action against Nokia Technologies on EP 2 661 892 (UPC_CFI_181/2024), closed on 27 March 2025 after withdrawal. She excluded two confidential exhibits from other proceedings and imposed no restriction on use. Acer is itself being sued for infringement of the patent before the Munich Local Division.

Question

May a third party sued on the same patent access the pleadings of a closed revocation action, and on what terms?

Decision

Acer’s interest, as a defendant in an infringement action based on the patent, is specific. A general interest in access also remains after settlement or withdrawal (paragraphs 9 to 11). Exhibits MN 0 and MN 0 T (a statement of claim before the Munich Local Division and its translation, marked confidential) were excluded to protect the integrity of those other proceedings, even though they have ended. Acer may apply to that division (paragraph 12). No conditions on use were imposed, as the Court of Appeal’s restrictions concerned pending proceedings (paragraphs 14 to 16), and Nokia’s argument was rejected (paragraph 17). Leave to appeal was granted and the order’s effects suspended (paragraphs 19 and 20).

Key points for practice

• Practical point: a defendant to an infringement action may obtain the file of an earlier, closed revocation action on the same patent, confidential material from other proceedings must be sought from the division seised of them.

Provisions applied

Agreement on a Unified Patent Court

Arts 10 and 45, Art. 73(2)(b)

Rules of Procedure

Rules 220.2, 224.1(b), 262.1(b) and 262.2

Case law cited

Ocado Innovation v Autostore, 10 April 2024, Nicoventures v NJOY, Court of Appeal, 25 April 2025, SWAT Medical v Meril Italy, Paris Central Division, 14 October 2024, Düsseldorf Local Division, 9 April 2025, UPC_CFI_135/2025

Related decisions

• Acer Computer, 30 June 2025, separate order of the same date on access to the application to amend.
• Bardehle Pagenberg Partnerschaft, 30 June 2025, access granted to another third party in the same case.

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.