Microsoft v Suinno Mobile & AI Technologies Licensing (CFI, 17 September 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 16 September 2024 (UPC_CFI_164/2024, ACT_18406/2024, App_40799/2024, ORD_41174/2024), panel 2 of the Paris Central Division (P. Catallozzi, presiding judge and judge-rapporteur, T. Zhilova, W. Samoud), on Microsoft Corporation’s application under Rule 333, set aside the judge-rapporteur’s confidentiality order of 26 June 2024 and declared inadmissible the Rule 262A application of Suinno Mobile & AI Technologies Licensing Oy, the claimant in the action for infringement of EP 2 671 173. Suinno’s representative, its managing director and main shareholder, is not independent. Leave to appeal was granted.

Question

Is a confidentiality application admissible when filed by a representative who is also the party’s managing director and main shareholder?

Decision

The panel first rejected the challenge to the conditions for confidentiality: the information is identifiable, amounts to trade secrets under Directive 2016/943, and Suinno’s interest in secrecy prevails (paragraphs 15 to 27). But the objection that the representative lacks independence is well founded (paragraph 31). Construing Art. 48(5) UPCA in light of the Court of Justice’s case law on Article 19 of its Statute, which is not binding but similarly worded, the panel held that a lawyer with extensive administrative and financial powers within the client cannot represent it (paragraphs 32 to 39). That is the position of Suinno’s managing director and main shareholder (paragraphs 40 and 41). The application is inadmissible. The persons admitted remain bound by secrecy (paragraphs 42 to 45).

Key points for practice

• Practical point: a representative who manages or controls the party is not independent within Art. 48(5) UPCA, filings made by that representative risk being held inadmissible.

Provisions applied

Agreement on a Unified Patent Court

Art. 48(5)

Rules of Procedure

Rules 262A, 290.2 and 333

Directive (EU) 2016/943

Art. 2(1)

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.