Yangtze Memory v Micron (CFI, 11 May 2026)
| Date | 11 May 2026 |
|---|---|
| Court | CFI |
| Division | Düsseldorf (DE) Local Division |
| Type of action | Application RoP262A |
| Case number(s) | UPC_CFI_1035/2025 |
| Registry reference | UPC_CFI_1035/2025 |
| Parties | Yangtze Memory Technologies Co., Ltd. v. Micron Technology, Inc. a. o. |
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
In an order of 11 May 2026 (UPC_CFI_1034/2025 and UPC_CFI_931/2026, EP 3 909 047), the Düsseldorf Local Division grants Yangtze Memory Technologies the confidentiality protection it sought for a TechInsights technical report (Exhibit BB 24) and for the passages of its reply that refer to it. The order runs against the claimant itself, none of whose natural persons may access the information, because the report’s supplier prohibits disclosure to the client on account of US export controls.
Question
Can a licensed technical report, which the supplier forbids disclosing to the party itself, be classified as confidential under Art. 58 UPCA and Rule 262A RoP, with every natural person of the producing party excluded from access?
Decision
The Division recalls that protection is not confined to trade secrets and weighs the parties’ interests (paragraphs 14 to 16). The report is not freely available, since its ‘publication’ date did not mean free access, and the claimant showed a risk of breaching export controls (paragraphs 19 to 21). An order against the requesting party itself is admissible where there is a legitimate interest, and the requirement of a natural person within the confidentiality club (Rule 262A.6 RoP) may be waived by the party concerned (paragraphs 22 to 28). Access is reserved to both sides’ representatives and legal teams and to the defendants’ natural persons, on pain of a penalty payment.
Key points for practice
- A party may seek an access restriction directed at itself where a contractual or regulatory constraint prevents its representative from passing to it an exhibit it wishes to file.
- Practical point: file the relevant excerpts of the licence agreement early, they carried the Division past the objection that the report was public.
Provisions applied
- Agreement on a Unified Patent Court
- Art. 58
- Rules of Procedure
- Rules 262A and 288
- Case law cited
- DISH Technologies v AYLO Premium, Mannheim Local Division, 22 July 2024, Panasonic v Xiaomi, Mannheim Local Division, 30 April 2024, Munich Local Division, 8 May 2024 (UPC_CFI_9/2023), Sun Patent Trust v Vivo, Court of Appeal, 26 January 2026, Fujifilm v Kodak, Mannheim Local Division, 21 March 2024, 10x Genomics v Vizgen, Hamburg Local Division, 24 October 2024, Oerlikon v Himson, Milan Local Division, 23 July 2024
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.
Going further
Lexicon: Confidentiality club.
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.
Parties
- claimantYangtze Memory Technologies Co., Ltd.5 decisions in the corpusFollow this party
- defendantMicron Technology, Inc. a. o2 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)
- La division locale classe confidentiels le rapport TechInsights et les passages de la réplique qui s'y réfèrent, en excluant toute personne physique de la demanderesse du cercle d'accès.
- Appeal
- No appeal documented in the corpus, this does not mean that no appeal was lodged.
- Instance
- First-instance decision, whether it has become final is not recorded.
Patents mentioned
EP 3 909 047mentioned in: Dhenne Avocats analysis Follow this patent
Related decisions cited in the analyses
- Sun Patent Trust v Vivo Mobile Communication (CoA, 26 January 2026) cited in this record
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 3 909 047 | Mentioned in the analysis (role not qualified) Also mentioned in 2 other decision(s): Yangtze Memory v Micron (CFI, 2 September 2026) · Yangtze Memory v Micron (CFI, 1 April 2026) | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: Dhenne Avocats analysis |
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