Panasonic Holdings v Xiaomi (CFI, ORD_18301/2024, 4 July 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order dated 4 June 2024 and electronically signed on 4 July 2024 (UPC_CFI_220/2023, ACT_545619/2023), the Munich Local Division made the final confidentiality order in Panasonic’s action against Xiaomi Inc. and nine other group companies for infringement of EP 3 024 163. It varied the provisional order of 9 May 2024 as the defendants had requested: access was opened to three trusted persons and to representatives in the parallel proceedings, the obligation to return or destroy material was deleted, and the penalty was confined to culpable breaches.

Question

How far does a Rule 262A RoP confidentiality order protecting FRAND material extend, and can it cover documents not yet produced?

Decision

Protection cannot be ordered in advance for documents not yet produced. An application under Rules 262 and 262A RoP must accompany their production (1). As the defendants did not dispute that the other information deserved protection, protection was granted (2). The highlighted passages of the pleadings and annexes « FRAND BV 1 » to « FRAND BV 3 » are confidential. On the defendants’ side, they may be disclosed only to the representatives in these and the parallel proceedings, their assistants and three named individuals (two legal counsel and a licensing director), access for more than one trusted person being justified (3(b)). The Rules of Procedure provide no basis for an obligation to return or destroy material (3(c)). Any culpable breach exposes the infringer to a penalty of up to EUR 100,000 per breach (3(d)).

Key points for practice

• Practical point: in FRAND litigation the confidentiality club may include several of the opponent’s employees, but the penalty applies only to culpable breaches and destruction of material at the end of the case cannot be imposed.

Provisions applied

Rules of Procedure

Rules 262, 262.2 and 262A

Related decisions

• Panasonic v Xiaomi, 4 July 2024, order on when the rejoinder period runs where the reply has been redacted.

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.