UPC APP 28103/2024

Paris Central Division (judge-rapporteur Catallozzi) order dismissing Microsoft Corporation's application to declare Suinno Mobile & AI Technologies' infringement action inadmissible on the ground that Suinno's representative was not independent under Art. 48 UPCA and the code of conduct. The Court held that a violation of the independence obligation cannot be invoked by the opposing party (only by the represented party itself), and that the representative being the inventor and original applicant does not in itself render them non-independent for purposes of R. 290-292 RoP.