Huawei Technologies v MediaTek (CFI, ORD_18799/2025, 13 May 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 13 May 2025 (UPC_CFI_254/2025), the judge-rapporteur of the Munich Local Division classified as confidential the highlighted information in Huawei Technologies’ statement of claim in its infringement action against MediaTek (EP 4 142 215). The order binds every person with access to the file through participation in the proceedings, the claimant included, to keep that information confidential, even after the proceedings end. It fills by analogy a gap in the Rules of Procedure on duties of confidentiality towards third parties.

Question

Can a duty of confidentiality be imposed on everyone taking part in the proceedings, rather than on the opposing party alone, and continue after they end?

Decision

Rule 262A allows access by the opposing party to be restricted and Rule 262.2 restricts public access to the register. Leaving open whether Rule 262A directly covers a duty of confidentiality towards third parties, the judge found such a duty by analogy, consistent with Art. 9 of the Trade Secrets Directive. The designated information comprises trade secrets of both parties and is covered by non-disclosure agreements. Only the highlighted passages are protected, not the whole statement of claim (section II). The duty binds all persons involved in the proceedings (section III) and continues after they close, unless a final decision denies confidentiality or the information becomes public. No restriction of the defendants’ access was needed. Measures for the hearing and publication of the decision were reserved, and exclusion from public access is the subject of a separate application.

Key points for practice

• A party seeking confidentiality must identify the protected passages precisely. The court will not search for information left unredacted by mistake.

Provisions applied

Agreement on a Unified Patent Court

Arts 45, 58 and 60

Rules of Procedure

Rules 115, 262.1, 262.2, 262A and 264

Other provisions

Directive (EU) 2016/943, Art. 9

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.