Key takeaways
Incorrect citation of legal provisions is harmless
The Court must consider a motion even if the legal provisions cited are incorrect, provided the correct legal grounds can be identified from the arguments and facts. The same applies if an application refers to an incorrect order.
Change in factual circumstances can impact an existing order on security for costs
Even in absence of a specific and direct legal provision, parties can apply to revoke or vary a security for costs order (Rule 158 RoP) if there is a change in the underlying factual circumstances of said order.
No relevance of reduction in claimed damages on security for costs
A reduction in the damages claimed after the initial filing of an infringement action will not affect the amount of the security, which is based on the value of the case at the time of filing (Rule 370.6 RoP).
Application for amendment of security for costs can only be based on changes factual circumstances
Additional arguments by the application regarding the appropriateness of the security amount were not addressed, as they did not rely on new factual circumstances but rather critiqued the original order. Such arguments cannot be considered in an application to amend the amount of security for costs pursuant to Rule 158 RoP, but can rather only be raised on appeal (Rule 220.2 RoP).
Division
Central Division Paris
UPC number
UPC_CFI_164/2024; App_55923/2024; ORD_45914/2024
Type of proceedings
Infringement Proceedings
Parties
Applicant: Suinno Mobile & AI Technologies Licensing Oy
Respondent: Microsoft Corporation
Patent(s)
EP 2 671 173
Body of legislation / Rules
Rule 158 RoP
Rule 333 RoP
Rule 370.6 RoP
Rule 220.2 RoP
