1. Key takeaways
Order on security is case management and open for panel review (R. 333 RoP)
Judge-rapporteur can issue an order for security of costs. There is no wording in R. 158 RoP that such orders shall be adopted by the panel.
There is a broad scope for review of actions of the judge-rapporteur, as laid down in RoP, in particular R. 331 RoP in conjunction with R. 102 and R. 333 RoP. Decisions and orders by the judge-rapporteur under the mandate of the panel can always be reviewed, either at the initiative of the panel itself, or at the (reasoned) request of a party. It follows from this broad interpretation that an order on security for costs pursuant to R. 158 RoP must be considered a case management order. Consequently, such orders are subject to review by the panel, as provided for in R. 333 RoP.
Leave to appeal should be assessed by the panel after panel review
If the judge-rapporteur or presiding judge issues an order on security for costs, the judge-rapporteur or presiding judge is not competent to decide on leave to appeal. Leave to appeal should be assessed by the panel after panel review.
2. Division
CoA Luxembourg
3. UPC number
UPC_CoA_651/2024
4. Type of proceedings
Appeal proceedings
5. Parties
Claimant: TOTAL SEMICONDUCTOR, LLC
Defendants: Texas Instruments EMEA Sales GmbH, Texas Instruments Deutschland GmbH
6. Patent(s)
EP 2 746 957
7. Body of legislation / Rules
R. 158 RoP, R. 333 RoP
UPC_CoA_651-2024_CoA-January-14-2025 Download
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.
