Telefonaktiebolaget LM Ericsson v ASUSTEK Computer (CFI, ORD_23268/2025, 20 June 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 20 June 2025 (UPC_CFI_319/2024 and UPC_CFI_728/2024), the Milan Local Division, on Ericsson’s application for panel review under Rule 333, upheld the judge-rapporteur’s refusal to set up an « external eyes only » confidentiality regime in Ericsson’s infringement action against ASUSTEK and Arvato (EP 3 076 673). As no concrete competition risk had been shown, a designated ASUSTEK employee keeps access to the licence agreements produced. The panel granted leave to appeal so that the Court of Appeal can set a common standard.

Question

Can a patentee obtain an order that its licence agreements be available only to the opposing party’s external representatives, to the exclusion of any employee?

Decision

The application is admissible, since an order under Rule 262A concerns the conduct of the proceedings (Rule 333.1). The panel reviewed only the point Ericsson challenged, as the defendants had not sought review of the judge-rapporteur’s view that a departure is possible in principle but requires a concrete, proven risk. Ericsson alleged no procedural defect or new evidence and repeated arguments already rejected. Its competition-law argument remained a statement of principle that would apply to any FRAND dispute over a standard-essential patent, without identifying the financial information concerned or the risk arising from access by a single employee bound by confidentiality. The application was dismissed. Leave to appeal was granted, as there were no other decisions on the issue.

Key points for practice

• A party seeking an « external eyes only » club must target the documents concerned and prove the concrete competition risk of access by a designated employee. General arguments about FRAND disputes are not enough.

Provisions applied

Agreement on a Unified Patent Court

Arts 20, 42(2), 54, 58 and 73(2)(b)(ii)

Rules of Procedure

Rules 220.2, 224.1(b), 262.2, 262A and 333.1

Other provisions

Commission Communication 2020/C 242/01 on the protection of confidential information in the private enforcement of EU competition law, paragraphs 61 et seq.

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.