Microsoft v Suinno Mobile & AI Licensing (CFI, 8 September 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 8 September 2025 (UPC_CFI_724/2025), the judge-rapporteur of the Paris Central Division restricted to Suinno’s managing director and representative access to the lawyers’ invoices lodged by Microsoft in the cost proceedings concerning EP 2 671 173.

Question

Can invoices sent by a law firm to its client, lodged in support of an application for a cost decision, be protected under Rule 262A RoP, and should a penalty of a fixed amount be attached to the order?

Decision

Under the three cumulative conditions set by the EU General Court, hours and fees are confidential: they reveal the client’s financial standing and strategy and the value it places on the patent (paragraphs 4 to 7). They are also confidential as regards the representatives, third parties within Article 58 UPCA, and fall within the privilege of Rule 287 RoP (paragraph 8).

Under Rule 262.5 RoP, Suinno showed no interest in wider access, its counsel and managing director being included, and there is no public interest in such data (paragraphs 10 to 13). A penalty of a fixed amount was refused, any sanction to be assessed according to the seriousness of a breach (paragraph 14).

Key points for practice

• Fee invoices lodged to recover costs may be protected under Rule 262A RoP, including in the interest of the lawyers who issued them.
• Practical point: asking that access be limited to the opponent’s counsel and one officer is usually enough, a penalty fixed in advance is rarely granted.

Provisions applied

Agreement on a Unified Patent Court

Arts 58, 69 and 82(4)

Rules of Procedure

Rules 262.1(a), 262.2, 262.3, 262.5, 262A, 287 and 354.3

EU case law

General Court, 28 January 2015, T‑345/12, Akzo Nobel and Others v Commission, General Court, 8 November 2011, T‑88/09, Idromacchine v Commission, General Court, 30 May 2006, T‑198/03, Bank Austria Creditanstalt v Commission

Case law cited

Paris Central Division, orders of 6 March 2025 (UPC_CFI_11/2025), 14 April 2025 (UPC_CFI_601/2024) and 18 June 2025 (UPC_CFI_391/2025), Mannheim Local Division, 6 August 2025 (UPC_336/2025), Milan Central Division, 5 June 2025 (UPC_477/2025), Düsseldorf Local Division, 23 December 2024 (UPC_CFI_336/2024 and UPC_CFI_605/2024) and 9 September 2024 (UPC_CFI_347/2024)

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.