UPC_CFI_26/2024

DEVICE- ASSISTED SERVICES FOR PROTECTING NETWORK CAPACITY

InfringementMain Infringement ActionDusseldorf LDInfringementCase ClosedSettled at: Post-merits

This case cites

Authorities cited within the decisions on file for this case.

Target	Legal point	Strength	Excerpt
265	withdrawal of infringement action	Binding	SUBJECT OF THE PROCEEDINGS: R. 265 RoP
158	security for costs procedure	Binding	According to R. 158.1 of the Rules of Procedure of the UPC (RoP), at any time during proceedings, following a reasoned request by one party, the Court may order the other party to provide, within a specified time period, adequate security

Target	Legal point	Strength	Excerpt
UPC_CoA_569/2024	admissibility of withdrawal where no final decision yet	Binding	According to the Court of Appeal, an application to withdraw the infringement action are admissible in case there is no final decision in the action in view of a pending appeal (CoA_569/2014, Order of 24 February 2025, Dexom ./. Abbott).
UPC_CoA_548/2024	standard for security for costs - undue burden of enforcement	Binding	The Court of Appeal of the UPC (CoA) has on its order 29 November 2024 (UPC_CoA_548/2024, APL_52969/2024 – Aarke v SodaStream) ruled that, when deciding on a request for security for costs, it is not required that it is proven that enforcement is impossible.

Target	Legal point	Strength	Excerpt
69	security for costs	Binding	Based on Article 69(4) of the Agreement on a Unified Patent Court (UPCA), at the request of the defendant, the Court may order the applicant to provide adequate security for the legal costs

Cited by

Subsequent UPC decisions citing this case.

Cited in	Date	Legal point	Strength	Excerpt
APL_38948/2024 Court of Appeal	Sep 18, 2024	internal working language as relevant circumstance for language change	Persuasive	the internal working language, the possibility of internal coordination and of support on technical issues only accessible in a location within the corporate group where the working language was English, were – rightly - taken into account as relevant circumstances in the Order of 30 May 2024 (App_22729/2024; UPC_CFI_26/2024)