AYLO PREMIUM v DISH Technologies (CoA, 21 August 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 21 August 2024 (UPC_CoA_469/2024), the standing judge of the Court of Appeal dismissed the request for discretionary review filed by AYLO PREMIUM, AYLO FREESITES and AYLO Billing against a confidentiality order of the Mannheim Local Division of 22 July 2024 (UPC_CFI_471/2023, EP 2 479 680). The Local Division had admitted to the confidentiality club three individuals named by DISH Technologies and Sling TV, in-house counsel and USPTO-registered patent attorneys based in the United States. The order confirms that an abstract risk of conflicts of interest is not enough to justify an appeal against the admission of in-house counsel.

Question

Should leave to appeal be granted against a Rule 262A order admitting the other side’s in-house counsel, three of them, among those with access to confidential information?

Decision

The Aylo companies relied on the risk of misuse by individuals involved in prosecution, revocation and infringement proceedings worldwide, and raised two issues: whether in-house counsel are subject to a “prosecution bar”, and whether Rule 262A.6 allows more than one person per party (paragraphs 11 and 12). The judge noted that the Local Division’s order rests on the principle that the abstract risk of conflicts of interest inherent in in-house counsel is not enough to refuse admission, absent concrete circumstances (paragraph 17). She found nothing in the submissions justifying leave to appeal, either as to admitting in-house counsel or as to the number of three persons (paragraph 18), and dismissed the request (paragraph 19).

Key points for practice

• A party objecting to the admission of in-house counsel to a confidentiality club must point to concrete circumstances, not a general risk arising from their role.
• Whether there is a “prosecution bar” and how many persons may be admitted under Rule 262A.6 remain open before the Court of Appeal, since leave was refused.

Provisions applied

Rules of Procedure

Rules 220.3, 220.4 and 262A

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.