Vivo Tech v Sun Patent Trust (CoA, 25 August 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 25 August 2025 (UPC_CoA_759/2025), the Court of Appeal rejected Sun Patent Trust’s application for suspensive effect against the Paris Local Division’s order of 31 July 2025 which, in its infringement action against Vivo (EP 3 852 468), gave three Vivo employees access to highly confidential information. The Court confirmed that such an application is admissible against a procedural order and that confidentiality undertakings backed by penalty payments will ordinarily protect the holder of the information while the appeal is pending.

Question

Should an appeal against an order granting the other side’s employees access to highly confidential information have suspensive effect?

Decision

The application is admissible: the exclusion of suspensive effect in Rule 223.5 for orders under Rule 220.2 gives way to Art. 74 UPCA (paragraphs 13 and 14). On the merits, suspensive effect requires an order that is manifestly erroneous or an appeal that would become devoid of purpose without it (paragraph 16). Neither applied: the issue also concerns the conditions and extent of use, the employees are bound not to use or disclose the information outside the proceedings on pain of penalty payments, no breach or risk was shown, access would end if the appeal succeeded, and Sun Patent’s alternative request (temporary exclusion from licensing negotiations) would meet its concern (paragraphs 18 to 23). Its interest did not outweigh Vivo’s interest in immediate access given the pending time limits (paragraph 24).

Key points for practice

• The fear that an opposing employee might use the information in licensing negotiations is not enough to suspend access subject to confidentiality obligations enforced by penalty payments.

Provisions applied

Agreement on a Unified Patent Court

Art. 74

Rules of Procedure

Rules 220.2, 223, 262A and 263

Case law cited

ICPillar v ARM, Court of Appeal, 19 June 2024 (UPC_CoA_301/2024), NUC v Warmcook, Court of Appeal, 3 July 2025 (UPC_CoA_435/2025)

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.