DISH Technologies v AYLO PREMIUM (CFI, 22 July 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 22 July 2024 (UPC_CFI_471/2023, ACT_594191/2023, ORD_42880/2024), the Mannheim Local Division (P. Tochtermann, presiding, D. Böttcher, rapporteur, W. Schober) rejected the application by AYLO PREMIUM, AYLO Billing and AYLO FREESITES under Rule 333 RoP for review of the judge-rapporteur’s confidentiality order of 3 July 2024, in the infringement action brought by DISH Technologies and Sling TV on EP 2 479 680. Three natural persons designated by the claimants keep access to the information on how the accused embodiments work, despite their role in parallel US proceedings.

Question

May natural persons responsible for strategic decisions in parallel US proceedings be part of the Rule 262A RoP confidentiality club?

Decision

Yes. The application is admissible: an order under Rule 262A RoP restricts the parties’ access to the file and is a case management decision within Rule 333.1 RoP. On the merits, the defendants’ interest in secrecy carries particular weight, but the claimants have a substantial interest in involving people familiar with the patent situation and the technology. Prosecution or US-related functions do not in themselves justify exclusion. The risk of misuse is addressed by the confidentiality order and no lack of reliability has been shown. Three persons is not objectionable, and there is no reason to cap or name the representatives and their staff. Leave to appeal is refused, the decision turning on its own facts.

Key points for practice

• Practical point: involvement in parallel foreign proceedings is not in itself enough to exclude a person from the confidentiality club, the opposing party must show a concrete risk of misuse.

Provisions applied

Rules of Procedure

Rules 262A, 264 and 333.1

Case law cited

Court of Appeal, 21 March 2024, UPC_CoA_486/2023, Mannheim Local Division, 21 March 2024, UPC_CFI_359/2023, Fujifilm v Kodak, Düsseldorf Local Division, UPC_CFI_355/2023, 10x Genomics v Curio Bioscience, Düsseldorf Local Division, 11 March 2024

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.