Düsseldorf Local Division UPC_CFI_99/2024 UPC_CFI_392/2024
Procedural Order
of the Court of First Instance of the Unified Patent Court issued on 6 May 2025 concerning EP 2 263 098 B1
CLAIMANT:
Ona Patents SL, represented by its CEO Raúl Diaz Morales, Carrer de Calàbria 149 En. 1, 08015 Barcelona, Spain represented by:
Attorney-at-law Dr Christof Augenstein, Attorney-atlaw Dr Benedikt Walesch, Attorney-at-law Dr Melissa Lutz, Kather Augenstein Rechtsanwälte PartGmbB, Bahnstraße 16, 40212 Düsseldorf, Germany
Electronic address for service:
augenstein@katheraugenstein.com
COUNTER-DEFENDANT 2:
Ekahau Oy, represented by Jeremy Rossen, Brian Conrad Stewart und Ari Olavi Tourunen, Jaakonkatu 5, 00100 Helsinki, Finland represented by:
Attorney-at-law Dr Christof Augenstein, Attorney-atlaw Dr Benedikt Walesch, Attorney-at-law Dr Melissa Lutz, Kather Augenstein Rechtsanwälte PartGmbB, Bahnstraße 16, 40212 Düsseldorf, Germany
Electronic address for service:
augenstein@katheraugenstein.com
WBH Wachenhausen Patentanwälte PartGmbB, Patent Attorney Dipl.-Ing. Benjamin Bubendorfer
DEFENDANTS:
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- Apple Inc., represented by its CEO Tim Cook, One Apple Park Way, Cupertino, CA 95014, USA
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- Apple Distribution International Ltd., represented by its Directors Cathy Kearny, Michael O'Sullivan and Peter Denwood, Hollyhill Industrial Estate, Hollyhill, Cork, T23 YK84, Republic of Irland
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- Apple Retail Germany B.V. & Co. KG, represented by its personally liable partner Apple Holding B.V., represented by its CEO Alexander Niemczyk, Michael Joseph Boyd und Peter Ronald Denwood, Maximilianstraße 54, 80538 Munich, Germany
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- Apple GmbH, represented by its CEOs Michael Joseph Boyd und Peter Ronald Denwood, Katharina-von-Bora-Str. 3, 80333 Munich, Germany
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- Apple Retail France EURL, represented by its CEOs Peter Ronald Denwood und Éamonn Clancy, 3-5 rue Saint Georges, 75009 Paris, France
All Defendants represented by:
Attorney-at-law Prof Dr Tilman Müller-Stoy, Attorney-at-law Dr Tobias Wuttke, Bardehle Pagenberg Partnerschaft mbB, Prinztregentenplatz 7, 81675 Munich, Germany
Electronic address for service:
PATENT IN SUIT:
European Patent No. EP 2 263 098 B1
PANEL/DIVISION:
Panel of the Local Division in Düsseldorf
DECIDING JUDGES:
This Order was made by the Presiding Judge Thomas acting as judge-rapporteur.
LANGUAGE OF THE PROCEEDINGS : English
SUBJECT OF THE PROCEEDINGS : R. 262A RoP - Application to protect confidential information
GROUNDS OF THIS ORDER:
This Order follows the confidentiality regime already implemented by the Order of 30 August 2024 (App_43001/2024). Reference is therefore made to the reasons set out therein.
ORDER:
- I. The information set out in detail below and contained in the unredacted version of the Rejoinder to the Reply to the Defence regarding the Application to amend the patent highlighted in grey is classified as confidential within the meaning of Art. 58 UPCA in conjunction with R. 262.2 RoP:
Functionality of Apple products
mn. 7
mn. 108
mueller-stoy@bardehle.com
- II. Access to the information classified as confidential in Section I above shall be limited, on the part of the Claimant, to the following persons:
-
- the following representatives of the Claimant:
- Attorney-at-law Dr Christof Augenstein ,
- Attorney-at-law Dr Benedikt Walesch ,
- Attorney-at-law Dr Melissa Lutz
and other members of their team actively involved in the present proceedings, including other lawyers, patent attorneys and support staff.
-
- the following natural person of the Claimant:
- Mr Raúl Díaz Morales , CEO of the Claimant.
- II. The information classified as confidential in Section I above shall be treated as such by the Claimant's representatives and their teams and by the natural person named in Section I. above until further notice and shall not be used or disclosed outside of these court proceedings, except to the extent that it has come to the knowledge of the receiving party outside of these proceedings, provided that the receiving party has obtained it on a non-confidential basis from a source other than the Defendants or their affiliates, provided that such source is not bound by a confidentiality agreement or other obligation of secrecy with the Defendants or their affiliates.
- III. In the event of a culpable breach of this Order, the Court may impose a penalty payment for each breach, to be determined having regard to the circumstances of each case.
- IV. If the Claimant's representatives named in paragraph I.1. above make use of the possibility to grant access to confidential information to other members of their team, they are responsible for ensuring that their team maintains the confidentiality of the information. In the event of a culpable breach of the confidentiality obligations, Dr Christoph Augenstein, Dr Benedikt Walesch and Dr Melissa Lutz would therefore be liable. This also applies to any breach of the duty of confidentiality by any member of their team to whom they have granted access.
DETAILS OF THE ORDER:
App_18896/2025, related to the main proceedings ACT_11910/2024, CC_40010/2024 and App_59586/2024
UPC-Number: UPC_CFI_99/2024 and UPC_CFI_392/2024
Subject of the Proceedings: Infringement action and Counterclaim for revocation
Issued in Düsseldorf on 6 May 2025
Names and Signatures Presiding Judge Thomas