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.
Division
Central Division Paris
UPC number
UPC_CFI_164/2024; App_61655/2024; ORD_63208/2024
Type of proceedings
Infringement Proceedings
Parties
Applicant: Microsoft Corporation
Respondent: Suinno Mobile & AI Technologies Licensing Oy
Patent
EP 2 671 173
Body of legislation / Rules
Rule 158 RoP
Rule 370.6 RoP
