1. Key takeaways
Security for costs
The court may, pursuant to Art. 64(4) UPCA and R.158.1 RoP, at its own discretion and upon the defendant's application, order the provision of security for the costs of the proceedings and any other costs of the party, taking into account the facts and arguments presented by the parties. In doing so, the court has to examine whether the claimant's financial situation gives rise to legitimate and actual concerns that a possible costs order might not be enforceable, and/or that any costs order issued by the court might be enforceable only with disproportionate difficulty. The court has assumed such disproportionate enforcement difficulty in view of the claimant's registered office in the People's Republic of China. While Union law guarantees the recognition and enforcement of judgments of courts of Member States in other Member States, the court is of the opinion that there may be no comparable guarantees for the recognition and enforcement in states that are not members of the European Union or the European Economic Area.
2. Division
Local Division Munich
3. UPC number
UPC_CFI_248/2025
4. Type of proceedings
Patent infringement
5. Parties
Huawei Technologies Co. Ltd vs. MediaTek, Inc., MediaTek Germany GmbH
6. Patent(s)
EP 3 905 840
7. Jurisdictions
Munich
8. Body of legislation / Rules
R. 158.1 RoP
LD Munich, August 26, 2025, UPC_CFI_248-2025
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.
