Key takeaways
With this order, the Court of Appeal allows leave to appeal on the question whether the judge-rapporteur can decide alone on security for costs of a party and deny leave to appeal.
In the case at hand, the Mannheim Local Division ordered, with reference to Art. 69(4) UPCA and R.158 RoP, Claimant Total Semiconductor to provide security in an amount of € 600.000 either by deposit or by a bank guarantee issued by a bank licensed in the European Union, within eight weeks from the date of service of the order. Leave to appeal was refused. The order was adopted by the judge-rapporteur. Total Semiconductor made a request to the Court of Appeal for discretionary review.
Division
Luxembourg Court of Appeal
UPC number
UPC_CoA_651/2024
APL_59329/2024
Type of proceedings
Discretionary review of an order on security of costs (leave for appeal denied)
Parties
Appellant and Claimant before the Court of First Instance:
TOTAL SEMICONDUCTOR, LLC (Plano, Texas, USA)
Respondents and Defendants before the Court of First Instance:
- Texas Instruments EMEA Sales GmbH (Freising, Germany)
- Texas Instruments Deutschland GmbH (Freising, Germany)
Patent(s)
EP 2 746 957
Body of legislation / Rules
Art. 69(4) UPCA, Rules 158, 158.3, 220.2 RoP
