UPC CFI 360/2026
Jan 31, 2026·EP2005696: APPLIANCED DOMAIN NAME SERVER
- Case details
- StatusWritten PhaseActionInfringementCategoryMain Infringement Action
- Parties
- Division
- Hamburg LD
- Technology
- Software & Computing · Cybersecurity · Telecommunications
- Language
- English
- First decided
- Jun 8, 2026
- Last decision
- Jun 10, 2026
- 2026-06-10Infringement Action
The Hamburg Local Division ordered the Claimant (Nixu FL IP Protection LLC) to provide security for the Defendants' legal costs in the amount of EUR 200,000, pursuant to R. 158 RoP. The Court found that while the Claimant's U.S. domicile in Florida alone did not justify a security order, the fact that all of the Claimant's assets (essentially a patent portfolio) were pledged to third parties rendered it effectively assetless, warranting the order. The security must be provided within four weeks by deposit into the UPC account or by bank guarantee from an EU-licensed institution.
Legal issues:Security for costs under R. 158 RoP and Art. 69(4) UPCAWhether U.S. (Florida) domicile alone justifies a security for costs orderWhether pledging of all patent portfolio assets and income to third parties renders a claimant effectively assetlessBalancing claimant's right to effective remedy (Art. 47 Charter) against defendants' interest in cost protectionDetermination of case value for security amount calculationDamages: - 2026-06-08Appeal decisionInfringement Action
The Hamburg Local Division granted in part the preliminary objection by Defendant 1 (Infoblox Inc., a US company), dismissing the claims against it as inadmissible for lack of international jurisdiction insofar as they relate to the UK national part of EP2005696, because the claimant failed to allege facts showing Infoblox Inc. jointly infringed the UK part together with the anchor defendants (Infoblox Germany GmbH and Nomios Germany GmbH). The remaining parts of the preliminary objection were dismissed, and the costs of the preliminary objection were treated as costs of the main proceedings.
Legal issues:International jurisdiction over non-EU defendant (Art. 31 UPCA, Art. 71b(2) Brussels Ia Regulation)Anchor defendant doctrine under Art. 8(1) Brussels Ia Regulation for UPC proceedings involving non-UPCA countriesJurisdiction over UK national part of a European Patent (non-UPCA, non-EU territory)Requirement to plead joint infringing acts in the target country for Art. 8(1) Brussels Ia jurisdictionDistinction between Art. 4 (domicile) and Art. 8(1) (close connection) jurisdiction under Brussels IaPreliminary objection procedure (R. 19 RoP)
| Document title | Date | Public |
|---|---|---|
| Note | 2026-06-15 | Not public |
| Receipt | 2026-06-11 | Not public |
| Cover sheet | 2026-06-11 | Not public |
| Counterclaim for revocation | 2026-06-11 | Not public |
| Statement of defence | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| Exhibit Defendant | 2026-06-11 | Not public |
| action.issueOrder.order | 2026-06-10 | Not public |
| Order | 2026-06-10 | Public |
| action.issueOrder.order | 2026-06-08 | Not public |
| Order | 2026-06-08 | Public |
| Receipt | 2026-04-29 | Not public |
| Cover sheet | 2026-04-29 | Not public |
| Document Claimant | 2026-04-29 | Not public |
| Receipt | 2026-04-29 | Not public |
| Cover sheet | 2026-04-29 | Not public |
| Application document Defendant | 2026-04-29 | Not public |
| Receipt | 2026-04-28 | Not public |
| Cover sheet | 2026-04-28 | Not public |
| Exhibit Claimant | 2026-04-28 | Not public |
| Document Claimant | 2026-04-28 | Not public |
| action.communication.general | 2026-04-15 | Not public |
| Receipt | 2026-04-15 | Not public |
| Cover sheet | 2026-04-15 | Not public |
| Exhibit Defendant | 2026-04-15 | Not public |
| Exhibit Defendant | 2026-04-15 | Not public |
| Exhibit Defendant | 2026-04-15 | Not public |
| Exhibit Defendant | 2026-04-15 | Not public |
| Exhibit Defendant | 2026-04-15 | Not public |
| Exhibit Defendant | 2026-04-15 | Not public |
| Exhibit Defendant | 2026-04-15 | Not public |
| Exhibit Defendant | 2026-04-15 | Not public |
| Application document Defendant | 2026-04-15 | Not public |
| action.communication.general | 2026-04-14 | Not public |
| Receipt | 2026-04-10 | Not public |
| Cover sheet | 2026-04-10 | Not public |
| Preliminary objection | 2026-04-10 | Not public |
| Exhibit Defendant | 2026-04-10 | Not public |
| Exhibit Defendant | 2026-04-10 | Not public |
| Exhibit Defendant | 2026-04-10 | Not public |
| Exhibit Defendant | 2026-04-10 | Not public |
| action.issueOrder.order | 2026-03-31 | Not public |
| Order | 2026-03-31 | Public |
| Receipt | 2026-03-30 | Not public |
| Cover sheet | 2026-03-30 | Not public |
| Exhibit Claimant | 2026-03-30 | Not public |
| Further pleadings | 2026-03-30 | Not public |
| action.communication.general | 2026-03-23 | Not public |
| Receipt | 2026-03-20 | Not public |
| Cover sheet | 2026-03-20 | Not public |
| Application document Defendant | 2026-03-20 | Not public |
| Service Receipt/Service Document | 2026-03-13 | Not public |
| action.publishOrderDecision.case | 2026-02-24 | Not public |
| Service Receipt/Service Document | 2026-02-24 | Not public |
| action.communication.general | 2026-02-17 | Not public |
| action.communication.general | 2026-02-10 | Not public |
| Receipt | 2026-02-04 | Not public |
| Cover sheet | 2026-02-04 | Not public |
| Other document Claimant | 2026-02-04 | Not public |
| Formal Deficiency found | 2026-02-02 | Not public |
| Receipt | 2026-01-31 | Not public |
| Cover sheet | 2026-01-31 | Not public |
| Fee | 2026-01-31 | Not public |
| Proof of payment | 2026-01-31 | Not public |
| Exhibit document Claimant | 2026-01-31 | Not public |
| Exhibit document Claimant | 2026-01-31 | Not public |
| Exhibit document Claimant | 2026-01-31 | Not public |
| Exhibit document Claimant | 2026-01-31 | Not public |
| Exhibit document Claimant | 2026-01-31 | Not public |
| Exhibit document Claimant | 2026-01-31 | Not public |
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| Exhibit document Claimant | 2026-01-31 | Not public |
| Exhibit document Claimant | 2026-01-31 | Not public |
| Exhibit document Claimant | 2026-01-31 | Not public |
| Exhibit document Claimant | 2026-01-31 | Not public |
| Exhibit document Claimant | 2026-01-31 | Not public |
| Exhibit document Claimant | 2026-01-31 | Not public |
| Exhibit document Claimant | 2026-01-31 | Not public |
| Exhibit document Claimant | 2026-01-31 | Not public |
| Exhibit document Claimant | 2026-01-31 | Not public |
| Exhibit document Claimant | 2026-01-31 | Not public |
| Exhibit document Claimant | 2026-01-31 | Not public |
| Exhibit document Claimant | 2026-01-31 | Not public |
| Exhibit document Claimant | 2026-01-31 | Not public |
| Statement of claim | 2026-01-31 | Not public |
Defendants 2 and 3 (domiciled in UPCA Member States) can serve as anchors for Defendant 1 (US company) for jurisdiction over UPCA territory under Art. 4 Brussels Ia, without needing to assess plausibility of infringing acts
ClaimantLegal basis: Art. 4 Brussels Ia Regulation; Art. 31 UPCAThe preliminary objection regarding jurisdiction over Defendant 1 for the UK part of EP2005696 should succeed because claimant did not allege facts showing joint infringement of the UK part by Defendant 1 with the anchor defendants
RespondentLegal basis: Art. 8(1) Brussels Ia Regulation
The anchor defendant jurisdiction established via Art. 4 Brussels Ia for Defendants 2 and 3 automatically extends to cover the UK national part of the patent without any further assessment of infringing acts in the UK
ClaimantLegal basis: Art. 8(1) Brussels Ia RegulationThe fact that all three defendants independently infringe different national parts of the patent by selling/marketing/deploying Infoblox Software is sufficient to establish close connection under Art. 8(1) Brussels Ia
ClaimantLegal basis: Art. 8(1) Brussels Ia RegulationDefendant 3 being named on a website operated by an American owner is relevant to establishing jurisdiction for the UK part
ClaimantLegal basis: Art. 8(1) Brussels Ia Regulation