UPC CFI 996/2025

Vor dem UPC: Boa Technology Inc. (3 Verfahren)·FLA Europe NV (2 Verfahren)

• 2026-08-17
  InfringementÖffentlich

  Zusammenfassung: Procedural order under R. 30.2 RoP staying assessment of the claimant's application to amend the patent, to be decided together with the main proceedings, inviting the claimant to plead on the consequences of the Court of Appeal's FujiFilm/Kodak decision of 13 July 2026, and extending the defendants' rejoinder deadline to 28 September 2026.

  Rechtsfragen anzeigen (3)

  • application to amend the patent (R. 30 RoP)
  • stay of assessment
  • auxiliary requests
• 2026-07-15
  InfringementÖffentlich

  Zusammenfassung: The judge-rapporteur issued a procedural order retroactively extending the claimant's deadline to submit its Reply to the Statement of Defence, Application to Amend the Patent, and Defence to the Counterclaim for Revocation to 13 July 2026 (when electronically signed versions were filed), while preserving the original filing date of 4 May 2026. Defendant 2's objection that the unsigned submissions should be disregarded was rejected on grounds of excusable error and fairness.

  Rechtsfragen anzeigen (4)

  • Electronic signature requirement for written submissions (R. 4.1 RoP)
  • Court's power to disregard submissions not complying with formal requirements (R. 9.2 RoP)
  • Retroactive time extension for filing signed submissions (R. 9.3(a) RoP)
  • Excusable error / fairness in procedural compliance
• 2026-06-01
  Infringement ActionÖffentlich

  Zusammenfassung: The Judge-Rapporteur dismissed Defendant 2 (Shinkyung Inc.)'s application for security for costs under R.158 RoP. The court found that Shinkyung's arguments, which focused on the financial situation of BOA's holding company CODI rather than BOA itself, were insufficient to establish that BOA lacked the means to meet a future costs order. The security for costs request of EUR 200,000 was therefore denied in its entirety.

  Rechtsfragen anzeigen (3)

  • Security for costs under R.158 RoP / Art. 69(4) UPCA
  • Whether financial condition of a holding company (CODI) is relevant to assessing claimant's (BOA's) financial means
  • Threshold for establishing insufficient means to meet a costs order