Key takeaways
Ex officio assessment of admissibility
The Court of Appeal verifies ex officio compliance with the time limits and rules governing the appeal. When deciding on the admissibility of an appeal, an order rejecting the appeal as inadmissible does not exceed the scope of the claims (sec. 18, sec. 32).
Strict application of rules governing the procedures in favour of legal certainty
Confirming prior case law, the Court held that the strict application of the rules governing the procedures for appeal as set forth in the Rules of Procedure meets the requirement of legal certainty and the need to avoid any discrimination or arbitrary treatment in the administration of justice (sec. 21).
Relative financial situation of the claimant no criterion for cost security
Confirming prior case law, the Court held that the relative financial situation of the claimant compared to that of the defendant does not constitute a criterion within the meaning of Rule 158 of the Rules of Procedure (sec. 33).
Division
Court of Appeal, Panel: Grabinski, Sabotier, Van den Broek
UPC number
UPC_CoA_1/2026
Type of proceedings
Appeal concerning an order on cost security
Parties
Adobe Inc., Adobe Systems Software Ireland Limited (both Appelants and Defendants);
Keeex SAS (Respondent and Claimant)
Patent(s)
EP 2 949 070
Body of legislation / Rules
Rule 220.2, Rule 229, Rule 158, Rule 320 RoP
