UPC APP 61657/2024

Order of the Paris Central Division (full panel) declining to issue a decision by default against Suinno Mobile & AI Technologies Licensing Oy (claimant in infringement action) following Suinno's failure to provide security for costs within the Court-set deadline. Microsoft Corporation (defendant/counterclaimant) requested a default decision revoking the patent and dismissing the infringement action. The court set out key headnotes: (1) even where the default is evident and unjustified, the court retains discretionary power not to issue a default decision; (2) the court may decline a default where the evidentiary record at time of default does not allow sufficiently confident assessment of the non-defaulting party's claims. The court found the existing record insufficient to confidently assess the merits of Microsoft's revocation counterclaim and declined to revoke the patent by default.