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UPC – Suinno Mobile & AI Technologies Licensing v. Microsoft Corporation / treatment of confidential documents

02 Jul 2024

Graham​​​​ Burnett-Hall

Shoosmiths

Suinno Mobile & AI Technologies Licensing Oy v. Microsoft Corporation, UPC CFI – Central Division (Paris seat), reference numbers: APL_19084/2024, UPC_CFI_164/2024

This is a procedural decision concerning the treatment of confidential documents.

Suinno applied for an order restricting access to “Agreement A & B” from Microsoft and the public, on the basis that the two agreements in question contained “business secrets” related to licences that had been granted.

The Court held that Suinno had an undeniable interest in keeping the contents of the two agreements secret. It decided that the appropriate way to balance the protection of Suinno’s confidential information and Microsoft’s right to a fair trial and a proper defence was to grant the application and to restrict access to the agreements, pursuant to R. 262A RoP, to “Microsoft attorneys and Microsoft directors who have a legitimate need to access this information.”

The decision can be read here.