UPC CFI 515/2023
Jan 3, 2024·EP1552399 · INTEGRATED CIRCUIT AND METHOD FOR ESTABLISHING TRANSACTIONS
- Case details
- StatusCase Closed (Claim dismissed)ActionInfringementCategoryMain infringement action
- Parties
- Respondents
- Texas Instruments IncorporatedOperating co.
Representatives- Klaus Haft-Hoyng Rokh Monegier
- Jan Patrick Bösing-Bardehle Pagenberg
- Division
- Munich LD
- Technology
- Electrical engineeringComputer technology
- Language
- English
| Infringement found | Median days to first decision | |
|---|---|---|
| All UPC | 53% (62/117) | 124 |
| Munich LD | Locked | Locked |
| Judge Daniel Voss | Locked | Locked |
| Judge Pierluigi Perrotti | Locked | Locked |
At the UPC: Network System Technologies LLC (77 cases)·Texas Instruments Group (39 cases)
This dispute contains 13 other proceedings
UPC CFI 513/2023·UPC APP 11431/2024·UPC APP 11444/2024·UPC APP 11454/2024·UPC APP 11732/2024 and 8 more
26 other defendants litigating the same or a related patent
UPC CoA 68/2026·UPC CoA 69/2026·UPC CoA 70/2026·UPC CoA 71/2026·UPC CoA 72/2026 and 21 more
- 2024-04-23
Summary: Munich Local Division dismissed the applications by Volkswagen AG, Audi AG, Texas Instruments Inc., and Texas Instruments Deutschland GmbH requesting the Court to order Network System Technologies LLC (NST) to provide security for legal costs under Art. 69.4 UPCA and R.158 RoP. The Court found that the applications did not meet the legal standards for ordering such security.
Show the legal issues (2)
- Security for legal costs under Art. 69.4 UPCA and R.158 RoP
- Standards for ordering security for costs
| Document title | Date | Public |
|---|---|---|
| Case closed | 2025-11-26 | Not public |
| Outcome of the Order | 2025-03-11 | Not public |
| 2025-03-11 Order - rectification | 2025-03-11 | Public |
| Receipt | 2025-03-10 | Not public |
| Application | 2025-03-07 | Not public |
| Outcome of the Order | 2025-02-27 | Not public |
| 2025-02-27 - Order - Reimbursement of court fees | 2025-02-27 | Public |
| Receipt | 2025-02-25 | Not public |
| Application | 2025-02-24 | Not public |
| Outcome of the Order | 2025-01-22 | Not public |
Volkswagen, Audi, Texas Instruments Incorporated and Texas Instruments Deutschland applied for security for costs of EUR 200,000 against Network System Technologies LLC (NST), a US-based patent assertion entity asserting EP 1 552 399 before the Munich Local Division. The court dismissed all three applications, holding that the defendants had provided only general allegations about enforcement difficulties with no concrete evidence of insolvency risk, and that ordering security based on US domicile alone would amount to unlawful discrimination.
applications for security for costs against NST should be dismissed because defendants provided no concrete evidence of enforcement difficulties against a US entity
ClaimantLegal basis: Art. 69(4) UPCA; R. 158 RoPNote: The Munich LD held that mere domicile in a non-EU country cannot be a basis for security for costs (would constitute nationality-based discrimination), and defendants provided no evidence of actual insolvency risk or enforcement difficulties.
US courts routinely recognise and enforce foreign judgments including UPC decisions
ClaimantLegal basis: R. 158 RoPNote: The court found no demonstrated difficulty with enforcing a cost order in the US against NST.
NST as a US-based NPE should be ordered to provide EUR 200,000 security for costs
RespondentLegal basis: Art. 69(4) UPCA; R. 158 RoP; Art. 47 EU Charter of Fundamental RightsReason: Defendants relied only on general allegations without concrete evidence of insolvency risk or enforcement difficulties; mere non-EU domicile cannot justify security orders as it would constitute unlawful a priori discrimination based on nationality of registered office.
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