UPC APP 42517/2024

—·EP2671173: METHOD AND MEANS FOR BROWSING BY WALKING

Case details: Status
—
Action
Procedural application
Category
Other Procedural
Parties: Claimants
Suinno Mobile & AI Technologies Licensing Oy
Respondents
Microsoft Corporation
Reps: Tilman Müller-Stoy (Bardehle Pagenberg); Nadine Westermeyer (Bardehle Pagenberg)
Division: Paris CD
Judges: Paolo Catallozzi · Presiding Judge / Judge-Rapporteur
Tatyana Zhilova · Legally Qualified Judge
Wiem Samoud · Technically Qualified Judge
Technology: Computing & AI
Language: —
First decided: Sep 30, 2024

Decisions

2024-09-30
CostsGeneric application
Order of the Paris Central Division (full panel) on Microsoft Corporation's application for security for legal costs against Suinno Mobile & AI Technologies Licensing Oy (a Finnish NPE). The court addressed the standard for ordering security: the financial position of the respondent must give rise to a legitimate and real concern that a costs order may not be recoverable or enforceable. The court found Microsoft established the highest possible insolvency risk, as Suinno lacked substantial assets. The court ordered Suinno to provide adequate security for costs in the infringement action (UPC_CFI_164/2024). The respondent's reciprocal request was rejected.
Legal issues:Security for legal costs under Art. 69(4) UPCAStandard for ordering security: legitimate and real concern of non-recoverabilityInsolvency risk of NPE claimant as basis for security orderScope of Art. 59-62 UPCA reference in Art. 69(4)

Documents