UPC APP 61657/2024

At the UPC: Suinno Mobile & AI Technologies Licensing Oy (29 cases)·Microsoft Group (34 cases)

• 2025-04-02
  Public

  Summary: 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.

  Show the legal issues (4)

  • Decision by default under Rule 355 RoP
  • Court's discretion not to issue default decision even where default is established
  • Sufficiency of evidence record as condition for default revocation
  • Failure to pay security for costs as default trigger

• B3A24CE1DC2566B55752D74DED7DFD0A_en.pdf2025-04-02EN