Dolby International v HP Deutschland (CFI, 30 July 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 30 July 2024 (UPC_CFI_457/2023, ACT_590145/2023, ORD_42107/2024), the judge-rapporteur of the Düsseldorf Local Division classified as confidential under Rule 262A RoP the licence agreements (exhibits BP-Liz 1 to 25) filed by Access Advance LLC, administrator of the HEVC patent pool and intervener in support of Dolby International in the infringement action on EP 3 490 258 against HP group companies. Access is restricted to the parties’ representatives and to named employees.

Question

May an intervener itself apply for confidentiality protection for the documents it files?

Decision

The application is admissible and well founded. Art. 9(1) and (2)(a) of Directive (EU) 2016/943 allows access to documents containing trade secrets to be restricted, which the UPC implements through Art. 58 UPCA and Rule 262A RoP. The formal requirements of Rules 262A.2 and 262A.3 RoP are met and both sides were heard (Rule 262A.4 RoP). Under Rule 315.4 RoP, an intervener is treated as a party unless the court orders otherwise: like a party, it may therefore seek protection. As neither side disputed the confidential nature of the information or the circle of persons with access, the need for protection is accepted. Authorised persons may not use or disclose the information outside the proceedings, even after they end, on pain of a penalty payment, and the intervener must promptly send the unredacted exhibits in electronic form.

Key points for practice

• Practical point: an intervener, treated as a party under Rule 315.4 RoP, can itself obtain a confidentiality order for licence agreements it files, including those of a patent pool.

Provisions applied

Agreement on a Unified Patent Court

Art. 58

Rules of Procedure

Rules 262A and 315.4

Other provisions

Directive (EU) 2016/943, Art. 9(1) and (2)(a)

Case law cited

Avago Technologies International Sales v Tesla Germany, Hamburg Local Division, 3 November 2023, 10x Genomics v Curio Bioscience, Düsseldorf Local Division, 11 March 2024, Dolby International v HP, Düsseldorf Local Division, 22 July 2024 (ORD_25519/2024)

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.