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Yangtze Memory v Micron (CFI, 11 May 2026)

Date11 May 2026
CourtCFI
DivisionDüsseldorf (DE) Local Division
Type of actionApplication RoP262A
Case number(s)UPC_CFI_1035/2025
Registry referenceUPC_CFI_1035/2025
PartiesYangtze 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.

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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

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
Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

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Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.

Proceedings

  • UPC_CFI_1035/2025 official number

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Parties

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

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

Related decisions cited in the analyses

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

Patents and standards

PublicationRole in the disputeFamilyStandard and declarationPoolSources
EP 3 909 047Mentioned 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 recordednot recordednot recordedEspacenet
links not checked
mentioned in: Dhenne Avocats analysis
The statuses “asserted in litigation”, “declared essential”, “listed by a pool” and “essentiality examined by a court” are distinct and may coexist. Validity, infringement and technical essentiality are different questions. Scope: patents cited in the decisions of the Dhenne Avocats corpus, with no essentiality score or prediction.

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