Suinno Mobile & AI Licensing v Microsoft (CFI, 26 June 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 26 June 2024 (UPC_CFI_164/2024, ACT_18406/2024, ORD_27206/2024, App_19084/2024), the judge-rapporteur of panel 2 of the Paris Central Division (P. Catallozzi), in Suinno Mobile & AI Technologies Licensing Oy’s infringement action on EP 2 671 173 against Microsoft Corporation, restricted access to two licence agreements filed by the claimant to those Microsoft attorneys and directors with a legitimate need to see them for the purposes of the proceedings. Suinno had asked that the agreements be kept secret from the defendant itself.

Question

Is the confidentiality application admissible despite the objection that the claimant’s representative lacks independence, and should the defendant’s access to the licence agreements be restricted?

Decision

The objection is rejected: the duty of independence under Art. 2.4.1 of the Code of Conduct protects the represented party’s right of defence, so the representative’s status as inventor or former officer, or his interest, is not decisive, and only the protected party may invoke it (paragraphs 7 to 10), no abuse of procedure is shown (paragraph 11). On the merits, the court weighs confidentiality against the right to a proper defence. The application may be granted where the applicant’s reasons significantly outweigh the opposing interest (paragraph 14). Trade secret status is not contested and the alleged earlier disclosure is not proven (paragraphs 15, 18 and 19). Suinno’s interest in secrecy is clear, whereas Microsoft shows no specific interest in wider access (paragraphs 20 and 21), the restriction is proportionate (paragraph 23).

Key points for practice

• Practical point: licence agreements filed as evidence may be limited to the other side’s attorneys and certain directors where that party shows no specific interest in wider access.

Provisions applied

Agreement on a Unified Patent Court

Art. 58

Rules of Procedure

Rules 262A and 290.2

Other provisions

Code of Conduct for Representatives, Art. 2.4.1, Directive (EU) 2016/943, Commission Communication 2020/C 242/01

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.