ARTICLE
15 January 2025

CD Paris, December 27, 2024, Order Concerning An Application For Additional Security For Costs, Rule 158 RoP, UPC_CFI_164/2024

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Bardehle Pagenberg

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
Requests for increased security for costs are treated as modifications of existing orders, requiring analysis under Rule 158 RoP.
Germany Intellectual Property

1. Key takeaways

Modification instead of additional request

Requests for increased security for costs are treated as modifications of existing orders, requiring analysis under Rule 158 RoP.

Power to amend orders on security for costs

The UPC can amend orders on security for costs pursuant to Rule 158 RoP if the facts underlying the initial order have changed. The UPC underscored its inherent power to revisit and amend prior orders on security for costs. This power is rooted in Rule 158 RoP and ensures that orders on security for costs remain appropriate throughout the proceedings.

High bar for modification

The applicant must demonstrate substantial changes in the case's factual or legal landscape to justify modifying an order on security for costs. The UPC's decision emphasizes that modifications to orders on security for costs are not granted lightly. The increase of costs related to the progression of the written procedure has typically already been taken into account in the initial order on security for costs.

2. Division

Central Division Paris

3. UPC number

UPC_CFI_164/2024; App_61655/2024; ORD_63208/2024

4. Type of proceedings

Infringement Proceedings

5. Parties

Applicant: Microsoft Corporation

Respondent: Suinno Mobile & AI Technologies Licensing Oy

6. Patent

EP 2 671 173

7. Body of legislation / Rules

Rule 158 RoP

Rule 370.6 RoP

A57C0797DF80145EBEBF81D442DFD8A6_en Download

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