UPC CoA 548/2024
Sep 23, 2024·EP1793917: A DEVICE FOR CARBONATING A LIQUID WITH PRESSURIZED GAS
- Case details
- StatusCase ClosedActionAppealCategoryMain Appeal
- Parties
- ClaimantsReps: Andreas von Falck (Hogan Lovells International LLP); Alexander Klicznik (Hogan Lovells International LLP)
- Division
- Court of Appeal
- Language
- English
- First decided
- Nov 29, 2024
- 2024-11-29Appeal decisionAppeal RoP220.2
Court of Appeal upheld the Düsseldorf Local Division's order requiring SodaStream Industries Ltd. (claimant/respondent) to provide security for costs in patent infringement proceedings (EP 1 793 917) against Aarke AB. The CoA affirmed the legal standard for security for costs: only the claimant's own financial position is relevant (not that of its group); a claimant's willingness to pay costs and the likely outcome of the case are irrelevant; enforcement being unduly burdensome suffices (need not be proven impossible). The appeal by Aarke was partly upheld in that the CFI applied criteria not in conformity with this standard, but the outcome (ordering SodaStream to provide security) was correct since SodaStream has sufficient financial means.
Legal issues:Security for costs under Rule 158 RoPCriteria for ordering security: claimant's own financial position vs groupEnforcement burden as basis for securityEnforceability of UPC cost orders in Israel
| Document title | Date | Public |
|---|---|---|
| Headnote-and-Keywords | 2025-01-24 | Not public |
| Acknowledgement-of-lodging | 2024-12-02 | Not public |
| DecisionOutcome | 2024-12-02 | Not public |
| Final order on security for costs | 2024-12-02 | Public |
| Hearing Reference | 2024-11-29 | Not public |
| Hearing Reference | 2024-11-29 | Not public |
| Final order on security for costs | 2024-11-29 | Public |
| Interim-Procedure-Closure | 2024-10-29 | Not public |
| Summon-Oral-Hearing | 2024-10-29 | Not public |
| Final Order | 2024-10-28 | Public |
| Interim-Conference-Decision | 2024-10-28 | Not public |
| Comment on PO re hearing by VC | 2024-10-22 | Not public |
| Statement to a hearing by video conference | 2024-10-22 | Not public |
| Acknowledgement-of-lodging | 2024-10-18 | Not public |
| statement of response | 2024-10-18 | Not public |
| Summons to oral hearing | 2024-10-17 | Not public |
| Acknowledgement-of-lodging | 2024-10-04 | Not public |
| Panel-Appointment | 2024-10-04 | Not public |
| Receipt | 2024-10-04 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2024-10-04 | Not public |
| Acknowledgement-of-lodging | 2024-09-23 | Not public |
| 2024-09-23 Appeal Security for costs signed | 2024-09-23 | Not public |