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.
Division
LD Dusseldorf
UPC number
UPC_CFI_758/2024
App_16529/2025
Type of proceedings
Request for cost security
Parties
Claimant and Respondent:
Hologic, Inc.
Defendants and Applicants:
Siemens Healthineers AG
Siemens Healthcare GmbH
Siemens Healthineers Nederland B.V.
Siemens Healthcare SAS
Patent(s)
EP 2 352 431 B1
Body of legislation / Rules
Art. 69(4) UPCA, R. 158.1 RoP
