ICPillar v ARM (CoA, 26 July 2024)
| Date | 26 July 2024 |
|---|---|
| Court | CoA |
| Division | Luxembourg (LU) |
| Type of action | Application RoP262A |
| Registry reference | App_33764/2024 · ORD_43826/2024 |
| Parties | Simulity Labs Limited, Arm Germany d.o.o, ARM Limited, Arm France SAS, SVF Holdco, Arm Poland Sp. z.o.o, Arm lreland Limited, Arm Germany G… |
Official decision (PDF) · UPC registry entry
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
By order of 26 July 2024 (UPC_CoA_301/2024, APL_33746/2024, App_33764/2024), in ICPillar’s appeal against the Paris Local Division’s order of 21 May 2024 requiring it to provide security for costs in favour of the ARM group companies, the Court of Appeal allowed ARM to amend its Statement of response, by 2 August 2024, in light of the unredacted version of Exhibit 4 (an insurance policy), confidentiality for which had been refused on 23 July 2024. ICPillar, by contrast, may not amend its Statement of appeal.
Question
Once confidentiality of an exhibit filed by the appellant has been lifted, may each party supplement its pleadings?
Decision
As ARM now has unrestricted access to Exhibit 4, whereas many passages had been blackened and its representative could not fully discuss them with it, an amendment of its Statement of response may be contemplated (paragraph 10). ICPillar’s equality of arms argument is rejected: it could, and should, have put forward its arguments based on the unredacted exhibit when lodging its appeal and its request for confidentiality (paragraph 11). If the amended Statement of response warrants it, ICPillar alone may file evidence in reply by 8 August 2024, and ARM may respond by 14 August 2024 (paragraphs 12 and 13). The oral hearing set for 20 August 2024 stands (paragraph 14).
Key points for practice
- Practical point: a party seeking confidentiality for an exhibit must set out in its pleading the arguments based on the full version, as it cannot supplement its pleadings once protection is refused.
Provisions applied
- Rules of Procedure
- Rules 158.1 and 262A
Related decisions
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.
Decisions in the same proceedings
Going further
Lexicon: UPC Court of Appeal, Confidentiality club.
Dhenne Avocats blog: UPC Appeals: What the Numbers Show.
Source and translations
- Official source
- Unified Patent Court registry link recorded in the record
- Original language
- not recorded
- Translation available
- no translation recorded the firm’s French record is a summary, not a translation
- Date checked
- not recorded
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Proceedings
Parties
- claimantSVF Holdco5 decisions in the corpusFollow this party
- claimantArm France SAS5 decisions in the corpusFollow this party
- claimantArm lreland Limited5 decisions in the corpusFollow this party
- claimantArm Poland Sp. z.o.o4 decisions in the corpusFollow this party
- claimantSimulity Labs Limited4 decisions in the corpusFollow this party
- claimantArm Germany d.o.o4 decisions in the corpusFollow this party
- claimantArm Germany G3 decisions in the corpusFollow this party
- claimantARM Limited4 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Application RoP262A
- Outcome (Dhenne Avocats summary)
- ARM peut modifier son mémoire en réponse au vu de la version non caviardée de la pièce 4, alors qu'ICPillar ne peut modifier son mémoire d'appel. L'audience du 20 août 2024 est maintenue.
- Appeal
- Decision of the Court of Appeal.
- Instance
- Court of Appeal decision.
Related decisions cited in the analyses
- Simulity Labs (CoA, 26 July 2024) cited in this record
- ICPillar v ARM (CoA, 19 June 2024) cited in this record
- ICPillar v Arm (CFI, 21 May 2024) cited in this record
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