Microsoft v Suinno (UPC_CFI_724/2025)
Decision date:
08 September 2025
Osborne Clarke summary
- This decision concerned an application by Microsoft for the protection of confidential information lodged in cost proceedings. The judge-rapporteur in the Paris CD found the application to be admissible and successful on the merits.
- Microsoft argued that the information in question should be treated as strictly confidential and accessible only by Suinno's legal representatives. Microsoft noted that the information pertained to invoices from its law firm to the client, including a list of the work carried out on the proceedings, specifying by whom, for what purpose and at what rate. It maintained that this constituted highly sensitive business information for both Microsoft and its representatives, that it amounted to a trade secret, and that it was also privileged under Rule 287.1 RoP.
- The judge-rapporteur noted that according to EU case law, three cumulative conditions must be met in order for information to be considered confidential and to enjoy protection against disclosure: i) that it is known only to a limited number of persons; ii) that its disclosure is liable to cause serious harm to the person who has provided it or to third parties; and iii) that the interests liable to be harmed by disclosure are, objectively, worthy of protection
- The Paris CD held that the information regarding the number of hours spent on the case by the instructed representatives and the fees agreed upon between the parties was confidential; disclosure would reveal Microsoft's financial standing, litigation strategy, perceived patent value and resource allocation. This information also fell within the scope of attorney-client privilege under RoP 287.
- Pursuant to Rule 262.5 RoP, the judge-rapporteur concluded that the grounds Microsoft relied upon significantly outweighed the interests of Suinno in having full access. The judge-rapporteur therefore ordered that access to the information was restricted to Suinno's two legal representatives.
- The court dismissed the rest of Microsoft's request, including its request for predetermined penalties for non-compliance with the confidentiality protection order
- Related decisions can be found here and here.
Issue
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