1. Key takeaways
Requirements for requesting cost security based on undue burden of enforcement in a foreign jurisdiction
Pursuant to Article 69(4) UPCA and Rule 158.1 RoP, the Court may, upon a party's request, order the opponent to provide adequate security for the legal costs and other expenses incurred by the defendant, which the applicant may be liable to bear. This is particularly applicable in the cases outlined in Articles 59 to 62 UPCA.
If the applicant's request is based solely on the argument that enforcing a cost decision against the opponent would be unduly burdensome due to the opponent's registered place of business being in a non-EU state (e.g. the United States of America), the applicant bears the burden of substantiating this claim. To do so, the applicant must provide not only evidence of the foreign law applicable in the jurisdiction where enforcement is sought but also demonstrate how that law is applied in practice.
2. Division
LD Dusseldorf
3. UPC number
UPC_CFI_758/2024
App_16529/2025
4. Type of proceedings
Request for cost security
5. Parties
Claimant and Respondent:
Hologic, Inc.
Defendants and Applicants:
Siemens Healthineers AG
Siemens Healthcare GmbH
Siemens Healthineers Nederland B.V.
Siemens Healthcare SAS
6. Patent(s)
EP 2 352 431 B1
7. Body of legislation / Rules
Art. 69(4) UPCA, R. 158.1 RoP
LD_Dusseldorf_UPC_CFI_758_2024
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
