ASUS Technology Licensing v Guangdong OPPO Mobile Telecommunications (CFI, 12 December 2025)
| Date | 12 December 2025 |
|---|---|
| Court | CFI |
| Division | Munich (DE) Local Division |
| Type of action | Generic Order |
| Case number(s) | UPC_CFI_525/2025 |
| Registry reference | UPC_CFI_525/2025 |
| Parties | ASUS Technology Licensing Inc. v. Guangdong OPPO Mobile Telecommunications Corp. Ltd a.o. |
Official decision (PDF) · UPC registry entry
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
In an order of 12 December 2025, the Munich Local Division ordered ASUS Technology Licensing, a claimant seated in Taiwan, to provide EUR 200,000 security for costs within six weeks in its infringement action on EP 3 346 616 against Guangdong OPPO Mobile Telecommunications. Taiwan’s lack of any international agreement on enforcing foreign judgments and the length of recognition proceedings make enforcement of a costs order unduly burdensome.
Question
Can security for costs be required from a Taiwan-based patentee whose financial standing is not in dispute, and can it extend to a counterclaim for revocation not yet filed?
Decision
Security was ordered. The proposed set-off against future FRAND royalties was rejected, since possible future fees are not a claim that can be set off (paragraph 26). According to the expert opinion filed by ASUS, enforcement requires prior recognition by a Taiwanese court, which may take from six months to six years, and Taiwan is not party to any international agreement on enforcing foreign judgments, so enforcement would be at least unduly burdensome (paragraphs 28 to 32). Security may in principle be based on a counterclaim for revocation, but none had been filed, without prejudice to a later request (paragraph 34). As the defendants gave no figures for their costs, the amount was set at 50% of the EUR 400,000 ceiling (paragraphs 35 to 37).
Key points for practice
- An expert opinion meant to show that enforcement is straightforward can backfire where it reveals a long and uncertain recognition procedure.
- Practical point: a defendant that does not quantify its costs risks security being limited to a fraction of the applicable ceiling.
Provisions applied
- Agreement on a Unified Patent Court
- Arts 69(4) and 73
- Rules of Procedure
- Rules 158, 220.2 and 355
- Case law cited
- Chint New Energy v JingAo Solar, Court of Appeal, 9 July 2025, AorticLab v Emboline, Court of Appeal, 20 June 2025
Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.
Going further
Lexicon: Written procedure (UPC), Court fees and costs (UPC).
Source and translations
- Official source
- Unified Patent Court registry link recorded in the record
- Original language
- not recorded
- Translation available
- no translation recorded the firm’s French record is a summary, not a translation
- Date checked
- not recorded
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Parties
- claimantASUS Technology Licensing Inc.2 decisions in the corpusFollow this party
- defendantGuangdong OPPO Mobile Telecommunications Corp. Ltd a.o2 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Generic Order
- Outcome (Dhenne Avocats summary)
- ASUS doit fournir sous six semaines une garantie des frais de 200 000 euros, l'exécution d'une condamnation aux frais à Taïwan étant excessivement lourde. La garantie au titre d'une demande reconventionnelle non encore formée est refusée.
- Appeal
- No appeal documented in the corpus, this does not mean that no appeal was lodged.
- Instance
- First-instance decision, whether it has become final is not recorded.
Patents mentioned
EP 3 346 616mentioned in: Dhenne Avocats analysis Follow this patent
Related decisions cited in the analyses
- Chint New Energy v JingAo Solar (CoA, 9 July 2025) cited in this record
- AorticLab v Emboline (CoA, 20 June 2025) cited in this record
- Establishment Labs v GC Aesthetics Parentco (CFI, 18 March 2026) cites this decision
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 3 346 616 | Mentioned in the analysis (role not qualified) Also mentioned in 1 other decision(s): ASUS Technology Licensing v Guangdong OPPO Mobile Telecommunications ( | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: Dhenne Avocats analysis |
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