UPC CFI LD Mannheim, 16 May 2024: Order to produce evidence denied - fishing expedition

Order to produce evidence in FRAND proceedings denied as being too vague and too broad as a mere request for investigation (Rule 190 RoP).

Insofar as the defendants have requested the naming and submission of the licence agreements with the companies ‘X’ and ‘Y’, previously unnamed by the plaintiff, an order is no longer necessary after the plaintiff has in the meantime introduced these agreements into the proceedings, naming the contracting parties. 

Insofar as the defendants request the submission of all other agreements concluded by the plaintiff and to be concluded in the future regarding 3G and/or 4G SEPs that extend to mobile stations, as well as the agreements concluded by third parties in their possession, the request is too vague and too broad as a mere request for investigation.

IPPT20240516, UPC CFI, LD Mannheim, Panasonic v Orope