Topics: security for costs
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CD Paris, December 27, 2024, Order concerning an application for additional Security for Costs, Rule 158 RoP, UPC_CFI_164/2024
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.…
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CD Paris, December 27, 2024, Application under Rule 333 RoP for review of security for costs, UPC_CFI_164/2024
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…
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CoA Luxembourg, December 17, 2024, Application for suspensive effect, UPC_CoA_810/2024
Suspensive Effect of Appeal: The primary legal issue revolves around the suspensive effect of an appeal, specifically under Rule 223.4 RoP, which allows for suspensive effect in cases of extreme urgency. Requirement of Extreme Urgency: The Court emphasized that the applicant must demonstrate the existence of an extreme urgency to justify suspensive effect. In this…
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CD Munich, December 17, 2024, Order, UPC 252/2023
Release of Security for Costs Requires Independent Financial Standing: The UPC held that R. 352.2 RoP also applies to the release of a security for legal costs, even though this is not explicitly mentioned in Rule 158 RoP, which governs the imposition of such securities. The Court ultimately rejected Claimant’s request to release the security…
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LD Düsseldorf, December 3, 2024, Order re. procedural security against Defendant, UPC_CFI_140/2024
1. Not only the claimant but also the defendant may be ordered to provide security for legal costs within the meaning of R. 158 RoP.: (pp. 5 et seq.) Contrary to the Defendant´s position, this does not mean that Rule 158 RoP is in conflict with the UPCA. The power to order the provision of…
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CoA, November 29, 2024, order on relevant criteria for security for costs (R.158 RoP), UPC_CoA_548/2024
When deciding on a request for security for costs– failing any guarantees or other special circumstances, it is not relevant whether the claimant belongs to a – financially sound – group of companies. It is only the financial position of the claimant itself that is relevant;– it is not relevant whether a claimant is willing…
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CoA, November 27, 2024, Order on a request for discretionary review of an order on security for costs (R.220.3 RoP), UPC_CoA_651/2024
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…
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CD Paris, September 27, 2024, Procedural Order on Security of Costs, UPC_CFI_164/2024
50% of ceiling of recoverable costs as security during written proccedings: The Respondent is a limited company which was registered 7 months before the present infringement action was filed and has only one employee besides the managing director. It’s business model is exclusively characterized by the enforcement of patents, namely the patent-in-suit, and asserting corresponding…
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LD Munich, October 2, Procedural Order on Security for Costs UPC_CFI_54/2024
US-based NPE has to provide security: The Claimant is a non-practicing entity with no operational business. Its business model appears to be based solely on revenues expected from patent litigation. The Claimant owns no other assets other than the patents used in multiple worldwide litigations and it has failed to substantially challenge these reasons and…
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Court of Appeal, September 16, 2024, order concerning security for costs, UPC_CoA_301/2024
Late filed requests and duty to provide evidence: The Court of Appeal may decide to disregard late filed requests, facts and evidence even if these were not objected by the other party (Rule 222.2 RoP). The Court of Appeal may exercise its discretion in this respect. When exercising this discretion, it shall take into account…
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CoA, September 17, 2024, order of the Court of Appeal concerning security for costs, UPC_CoA_217/2024 et. al.
Standard and its application to the case at hand: The Court, when exercising its discretion under Art. 69(4) UPCA and R.158 RoP, must determine, in light of the facts and arguments brought forward by the parties, whether the financial position of the Claimant gives rise to a legitimate and real concern that a possible order…
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LD Düsseldorf, September 6, 2024, panel review order re. security for costs, UPC_CFI_373/2023, ORD_48181/2024
Confirmation of legal standard: it is a discretionary decision to order a security for legal costs and other expenses; imposing of a security serves to protect the position and (potential) rights of the Defendant : Factors to be considered (following CoA, UPC_CoA_328/2024; CD Munich, UPC_CFI_252/2023; LD Paris, UPC_495/2023): financial position of the other party that…
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RD Nordic-Baltic, August 20, 2024, Procedural Order, UPC_CFI_380/2023
Security for legal costs, party located in the United States: Since the imposition of a security for legal costs constitutes a restriction of the right to an effective remedy before a court, the need to protect the defendant has to be weighed against the burden on the claimant caused by an order to provide a…
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LD Vienna, July 30, 2024, Procedural order concerning security for costs of proceedings, UPC_CFI_33/2024
Sufficient interest for intervention to be admissible: The legal interest required for the admissibility of the intervention is given if the intervener has a direct and present interest in the issuance of the order or decision requested by the assisted party. Purchase of accused product establishes interest for intervention to be admissible: Such a legal…
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LD Paris, May 21, 2024, order concerning security for legal costs, UPC_CFI_495/2023
Claimant’s financial situation is decisive when deciding on security for legal costs: The criterion of the Claimant’s financial situation is decisive for the Court when it has to decide whether or not to order a security for the legal costs. The Applicants (Defendants in the main proceedings) submitted that there are no public records about…
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LD Hamburg, May 14, 2024, order, UPC_CFI_151/2024
Security for costs in the proceedings for provisional measures: Art. 69.4 UPCA explicitly refers to proceedings for the application of provisional measures pursuant to Art. 62 UPCA. R. 158 RoP is thus also applicable in the proceedings for provisional measures. The request for a security for costs is in line with the EU law and…
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LD Duesseldorf, April 30, 2024, Order on provisional measures, UPC_CFI_463/2023
Rebuttable presumption that the person registered as the patent proprietor is entitled to be registered pursuant to R. 8.5 (c) RoP: If in the case of a European patent a person is registered as the patent proprietor in the respective national register, there is a rebuttable presumption that the person recorded in the respective national…
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