Suinno Mobile & AI Technologies Licensing v Microsoft (CFI, 2 July 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 2 July 2024 (UPC_CFI_164/2024, ACT_18406/2024, ORD_33379/2024, App_28103/2024), the judge-rapporteur of panel 2 of the Paris Central Division (P. Catallozzi) rejected Microsoft Corporation’s request to declare manifestly inadmissible (Rule 361 RoP) the action brought by Suinno Mobile & AI Technologies Licensing Oy on EP 2 671 173. The order clarifies the scope of the representative’s duty of independence and who may rely on it.

Question

Is the action manifestly inadmissible where the claimant’s representative is the named inventor, the original applicant and the managing director of the successive assignees of the patent, or where the Statement of claim allegedly fails to meet Rule 13.1(k) RoP?

Decision

The duty of independence under Art. 2.4.1 of the Code of Conduct protects the represented party’s right of defence. A lack of independence is assessed by reference to the possible harm to that party’s interests (paragraphs 8 and 9). Administrative functions and a direct interest in the outcome are not decisive (paragraph 10). As the duty is instrumental, the opposing party has no interest in having a breach found (paragraph 11), and nothing justifies excluding the lawyer (paragraph 12). The Statement of claim clearly indicates the remedies sought, namely an injunction covering specific national markets, and the alleged period of infringement is sufficiently clear for the damages claim (paragraphs 15 to 17).

Key points for practice

• Practical point: a defendant cannot challenge admissibility on the ground that the other side’s representative lacks independence, since that duty protects only the represented party.

Provisions applied

Agreement on a Unified Patent Court

Art. 48

Rules of Procedure

Rules 8.1, 13.1, 290.2, 291, 292 and 361

Other provisions

Code of Conduct for Representatives, Art. 2.4.1

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.