SUN PATENT Trust v Vivo Mobile Communication (CoA, 23 September 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 23 September 2025 in the joined appeals UPC_CoA_755/2025 and UPC_CoA_757/2025, the Court of Appeal admits Apple as an intervener in support of SUN PATENT Trust, to the extent that Apple’s confidential information is concerned. The appeals are directed against two orders of the Paris Local Division of 31 July 2025 which, in the infringement action against Vivo on EP 3 407 524 and EP 3 852 468, had given three Vivo employees access to highly confidential information. The order confirms that a third party to licence agreements filed in the proceedings may intervene in an appeal on the confidentiality regime.

Question

Does Apple establish a legal interest within the meaning of Rule 313.1 RoP when, according to Vivo, the three authorised employees have already accessed the highly confidential information?

Decision

The Court finds that Apple has a direct and present interest in the outcome of the appeals against the panel review orders: access already granted does not exclude that interest, since setting those orders aside would deprive the employees of access to, and further use of, the unredacted documents (paragraph 11). Whether Apple’s concerns are well founded is for the final orders. Apple being a party to the agreements is sufficient for its admission (paragraph 12). Apple may file a Statement in intervention within 15 days and take part in the oral hearing. The parties have 15 days to respond.

Key points for practice

• In licensing disputes, a third-party licensee whose agreements are filed may intervene on appeal to protect their confidentiality, even after the opposing party has had initial access (paragraphs 11 and 12).

Provisions applied

Rules of Procedure

Rules 262A, 263, 313, 314, 315.1(a) and 331.2

Case law cited

Court of Appeal orders of 25 August 2025, ORD_35142/2025 and ORD_35139/2025.

Related decisions

• SUN PATENT Trust v Vivo Mobile Communication, 26 January 2026, Court of Appeal decision on the joined appeals.

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.