Suinno Mobile & AI Technologies Licensing v Microsoft (CoA, 23 December 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 23 December 2024 (UPC_CoA_826/2024), the standing judge of the Court of Appeal granted Microsoft’s application for Exhibit BP 01, filed with its request for discretionary review in its dispute with Suinno Mobile & AI Technologies Licensing (EP 2 671 173), to be treated as confidential. The exhibit, dated 3 December 2024, is a licence and settlement offer sent by Suinno to Microsoft. The order draws a clear line between protection against the public (Rule 262) and restriction of access between the parties (Rule 262A).

Question

How is an exhibit whose content is already known to the other side to be protected, and which rule applies?

Decision

Rule 262A governs the protection of confidential information between the parties. Rule 262 governs public access to the register and protection against the public. Microsoft gave reasons for its request under Rule 262.2, so confidentiality is granted. As the original version is already known to Suinno and its representative, no restriction of access to specific persons under Rule 262A is required, that version is not available to the public.

Key points for practice

• For an exhibit originating from the opponent, such as a licence or settlement offer, the relevant request is under Rule 262.2 (protection against the public) rather than a confidentiality club under Rule 262A.

Provisions applied

Rules of Procedure

Rules 220.3, 262, 262.2 and 262A

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.