Boa v Shinkyung (CFI, UPC_CFI_998/2025, 1 June 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 1 June 2026 (UPC_CFI_998/2025, UPC_CFI_738/2026 and UPC_CFI_743/2026), the judge-rapporteur of the Düsseldorf Local Division dismissed the application for security for costs of EUR 200,000 brought by Shinkyung against Boa Technology, proprietor of EP 3 777 595, in its infringement action against FLA Europe and Shinkyung. The application relied on the financial position of the Boa group’s holding company, CODI. The order usefully confirms that only the actual financial situation of the claimant itself matters, not that of a parent company which is not a party.

Question

Do a fall in the share price of the claimant’s holding company and negative growth forecasts justify security under Rule 158 RoP?

Decision

The application was admissible but unfounded (paragraph 5). Art. 69(4) UPCA aims to protect defendants against claimants lacking sufficient means to cover costs, which is assessed on the claimant’s actual financial situation (paragraph 7). Only Boa’s position mattered, since CODI is not a party. In any event, Boa showed that the fall in CODI’s share price stemmed from an internal investigation into a subsidiary and that the financial analysis relied on was outdated (paragraph 8). Insufficient means were therefore not established.

Key points for practice

• An application for security must rest on the financial position of the claimant itself, not that of its group (paragraph 8).

Provisions applied

Agreement on a Unified Patent Court

Arts 69(4) and 82(2)

Rules of Procedure

Rule 158

Case law cited

Syntorr v Arthrex, Court of Appeal, 18 February 2026, AorticLab v Emboline, Court of Appeal, 20 June 2025, Oerlikon v Bhagat, Court of Appeal, 30 October 2025, Ballinno v Kinexon, Court of Appeal, 26 August 2024, Microsoft v Suinno, Paris Local Division, 27 December 2024, Aarke v Sodastream, Court of Appeal, 29 November 2024

Related decisions

• Boa v FLA Europe NV, 15 July 2026, later order regularising unsigned pleadings.

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.