UPC Local Division: Production of evidence

In proceedings concerning SEPs, the defendants have, in parallel to their statement of defense and their counterclaim for revocation filed a request for order to produce evidence under R 190 RoP. In particular, the defendants requested submission of the following documents: the license agreements with the companies "X" and "Y" which were used as a reference during the proceedings by the claimant, all other license agreements concerning 3G and/or 4G SEPs entered by the claimant, specifically such between the claimant and the defendants' suppliers. The requests are dismissed. The license agreements with companies "X" and "Y" have already been introduced to the proceedings. Regarding the requested submission of all other agreements entered or to be entered by the claimant concerning 3G and/or 4G SEPs that extend to mobile stations, as well as the agreements entered by third parties and in the possession of the claimant, the request is too unspecific and too far-reaching, to serve a mere request for discovery. Regarding the request for submission of the claimant's agreements with the defendants suppliers, the defendants must primarily convene with their suppliers (Mannheim Local Division, UPC April 16, 2024, CFI 216/2023).