UPC Local Division: Request to produce evidence

The claimant requests a production order directed against themselves in order to be enabled to produce two SEP (Standard Essential Patent) license agreements which they are prevented from producing on their own initiative by confidentiality clauses. One license agreement partner has not responded, the other has refused. The order to produce the license agreement would enable the claimaint to submit the agreements in a reply. The license agreement has so far only been submitted in completely blackened form and is therefore not accessible to the Court. The Court recognizes that the requirements of R 172.2 and R 190 RoP are not met directly. However, it exercises the power to issue orders in the sense of active case management based on Art. 43 UPCA. Submission of the license agreement by the claimant is ordered, whereby passages may be blackened if the claimant does not refer to these passages for his factual assertions and legal arguments (Mannheim lLocal Ddivision, UPC April 30,30.4. 2024, CFI 218/2023).