France: Litigation, Mediation & Arbitration

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Article
LD Paris, July 30, 2026, Order Concerning A Preliminary Objection, UPC-CFI-1901/2026
The Paris Local Division of the Unified Patent Court addressed critical jurisdictional questions regarding the interplay between UPC proceedings for provisional measures and parallel national French actions involving supplementary protection certificates. The court examined whether it was "first seized" under Brussels I recast regulations and whether related national proceedings warranted staying the UPC case or declining jurisdiction.
France Litigation
BP
Bardehle Pagenberg
Article
French Court Of Cassation Limits Enforcement Against State-Linked Assets Where EU Stability Objectives Are At Stake
The French Court of Cassation has established a critical limitation on enforcing arbitral awards against State-linked entities when EU financial stability objectives are at stake. In a landmark ruling involving Greece's asset management vehicle HCAP, the Court held that while creditors may generally pursue assets of State emanations, this doctrine must yield when enforcement would undermine EU-mandated restructuring and stabilization programs. This decision fundamentally reshapes enforcement strategy for ar
France Litigation
Aceris Law
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Article
UPC Action Permissibly Lodged Prior To The Grant Of A European Patent
A recent order from the Paris Central Division of the Unified Patent Court establishes that parties may file UPC actions before the grant of underlying European patents, creating new strategic considerations for patent proprietors considering opt-outs. The decision in Omnia Technologies v Sidel Participations demonstrates how timing of opt-out requests has become critical, as the court found jurisdiction even when patents were not yet granted at the time of filing.
European Union IP
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Article
LD Paris, July 20, 2026, Order – Modification Of Security For Costs (R. 158 RoP), UPC_CFI_530/2025
KEEEX SAS has initiated infringement proceedings before the Paris Local Division of the Unified Patent Court against major technology companies including Adobe, OpenAI, Truepic, and the Coalition for Content Provenance and Authenticity. The case involves European Patent EP 2 949 070 and centers on a procedural order regarding modification of security for costs under Rule 158 of the Rules of Procedure.
France IP
BP
Bardehle Pagenberg
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Court Procedure

Article
UPC Action Permissibly Lodged Prior To The Grant Of A European Patent
A recent order from the Paris Central Division of the Unified Patent Court establishes that parties may file UPC actions before the grant of underlying European patents, creating new strategic considerations for patent proprietors considering opt-outs. The decision in Omnia Technologies v Sidel Participations demonstrates how timing of opt-out requests has become critical, as the court found jurisdiction even when patents were not yet granted at the time of filing.
European Union IP
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Article
UPC Confirms Admissibility Of Request To Increase Security For Costs
A Paris division of the Unified Patent Court granted a moderate €100,000 top-up to security for legal costs in a patent infringement case, balancing the defendant's increased defense expenses against the claimant's fundamental right to access justice. The court rejected demands for a much larger security increase, finding that the claimant's status as a micro-enterprise required careful consideration of proportionality principles under EU law.
France IP
MC
Marks & Clerk
Article
LD Paris, July 30, 2026, Order Concerning A Preliminary Objection, UPC-CFI-1901/2026
The Paris Local Division of the Unified Patent Court addressed critical jurisdictional questions regarding the interplay between UPC proceedings for provisional measures and parallel national French actions involving supplementary protection certificates. The court examined whether it was "first seized" under Brussels I recast regulations and whether related national proceedings warranted staying the UPC case or declining jurisdiction.
France Litigation
BP
Bardehle Pagenberg
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Class Actions

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Trials & Appeals & Compensation

Article
UPC Confirms Admissibility Of Request To Increase Security For Costs
A Paris division of the Unified Patent Court granted a moderate €100,000 top-up to security for legal costs in a patent infringement case, balancing the defendant's increased defense expenses against the claimant's fundamental right to access justice. The court rejected demands for a much larger security increase, finding that the claimant's status as a micro-enterprise required careful consideration of proportionality principles under EU law.
France IP
MC
Marks & Clerk
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Latest Videos

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