Carpmaels & Ransford LLP v. Microsoft Corporation, Suinno Mobile & AI Technologies Licensing Oy, UPC Court of Appeal, 26 October 2026, Case nos. UPC-CoA-155/2026, UPC-CoA-156/2026
Carpmaels & Ransford LLP requested access to the written pleadings and evidence.
Microsoft has left the decision to the discretion of the Court, subject to protection of confidential information and personal data. However, Microsoft requests a specific document (‘Exhibit C’) be excluded from the file inspection, as it includes documents and information from respective documents that are subject to confidentiality in the cost proceedings.
Suinno considers that access to the file should be granted in all respects, except for those parts of the case file that have been already declared confidential by the Court.
The JR refers to the principles applicable for access that have been set out by the Court of Appeal in Ocado (CoA, decision of 10 April 2024, UPC-CoA-404/2023) and does not feel the need to repeat them here. The JR also repeats that according to existing case law a law firm may also be a member of the public within the meaning of R. 262.1 (b) RoP (CoA, decision of 9 January 2025, UPC-CoA-480, UPC-CoA-481/2024, Abbott v Powell Gilbert).
Confidential information; principles
With respect to confidentialily of information in appeal proceedings, the JR holds:
“If the Court of First Instance has made an assessment of information and considered it confidential in a non-appealed order, unless otherwise stated in the order, this continues to apply in subsequent proceedings before the Court of Appeal (see UPC CoA order of 28 March 2024, UPC-CoA-101/2024, Curio Bioscience vs 10x Genomics; a non-appealed order by the Court of First Instance pursuant to R. 262A RoP that restricts access to certain information or evidence to specific persons, unless otherwise stated in the order, continues to apply after the proceedings, and therefore applies also to the appeal proceedings).”
In the present case, the Court of First Instance deemed the entirety of the information in (now) Exhibit C as confidential.
Exhibit C is therefore to be excluded from access, as it includes documents and information from respective documents that are subject to a confidentiality order. Consideration about access to such information will only be made if a member of the public lodges an Application with the Court for an order that such information may be made available to the applicant (R. 262.3 RoP).
A copy of the Order can be read here.
