ICPillar v ARM (CoA, 19 June 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 19 June 2024 (UPC_CoA_301/2024, APL_33746/2024, App_35055/2024), the Court of Appeal rejected ICPillar LLC’s application for suspensive effect against the Paris Local Division’s order of 21 May 2024 (UPC_CFI_495/2023) requiring it to provide EUR 400,000 as security for costs in favour of ARM Limited and the other defendants, together with its subordinate request to expedite the appeal. The order accepts that suspensive effect may be sought against an order appealed under Rule 220.2 RoP, but confines it to exceptional circumstances.

Question

Can suspensive effect be granted to a security for costs order appealed with leave (Rule 220.2 RoP), and should the appeal be expedited?

Decision

Rule 223.5 RoP does not bar such an application, Art. 74(1) UPCA prevailing over the Rules of Procedure (paragraphs 4 and 5). Suspensive effect is, however, granted only in exceptional circumstances, for instance where the appeal would otherwise become devoid of purpose or largely ineffective, or where the order is manifestly wrong (paragraphs 6 and 7). ICPillar relied on an undue economic burden without arguing that it could not comply (paragraph 9), leave to appeal and the non-final nature of the order are inherent in every procedural appeal (paragraph 10), the effects of enforcement can be reversed by returning the deposit or guarantee (paragraph 11), and the order is not manifestly wrong (paragraph 12). Expedition was refused, as the case was not urgent enough to justify shortening time limits (paragraphs 15 to 17).

Key points for practice

• Practical point: a party ordered to provide security for costs that seeks suspensive effect must show that it cannot comply or would suffer irreversible harm, the financial burden alone is not enough.

Provisions applied

Agreement on a Unified Patent Court

Art. 74(1)

Rules of Procedure

Rules 9.3, 158.1, 220.2 and 223

Case law cited

Ocado Innovation, Court of Appeal, 6 November 2023 (UPC_CoA_407/2023), Court of Appeal, 18 January 2024, UPC_CoA_2/2024, Court of Appeal, 2 May 2024, UPC_CoA_177/2024

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.