Microsoft v Suinno Mobile & AI Technologies Licensing (CFI, 30 September 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 27 September 2024 (UPC_CFI_164/2024, ACT_18406/2024, ORD_45914/2024, App_42517/2024), the Paris Central Division (panel 2, presided by P. Catallozzi) ordered Suinno Mobile & AI Technologies Licensing, claimant in the infringement action on EP 2 671 173, to provide security for Microsoft’s costs of EUR 300,000 within one month, and declared its own request for security inadmissible.

Question

May security for costs be ordered in main proceedings against a recently registered company with no significant assets or income, and in what amount?

Decision

Art. 69(4) UPCA, whose reference to Arts. 59 to 62 is not exhaustive, and Rule 158.1 RoP, which applies « at any time during proceedings », allow security in proceedings on the merits (paragraphs 4 to 6). The test is whether there is a legitimate and real concern that a costs order may not be recoverable, the applicant having to substantiate its request and the other party to challenge it with substantiated facts (paragraphs 7 and 8). Microsoft’s allegations, based on public financial information, are not disputed (paragraphs 12 and 13). With a ceiling on recoverable costs of EUR 600,000 for a value of EUR 4,950,000, security is set at half that amount, given the uncertainty as to the course of the proceedings (paragraphs 14 and 15), by deposit or guarantee from a bank licensed in the EU (paragraph 16). The counter-request for security, made in mere comments, is inadmissible and in any event unreasoned (paragraphs 18 to 21).

Key points for practice

• Practical point: a party seeking security for itself must file a separate, reasoned application rather than include the request in its comments in reply.

Provisions applied

Agreement on a Unified Patent Court

Arts. 59 to 62 and 69(4)

Rules of Procedure

Rule 158.1

Case law cited

Munich Local Division, 23 April 2024, UPC_CFI_514/2023, Court of Appeal, 17 September 2024, UPC_CoA_221/2024, Court of Appeal, 26 August 2024, UPC_CoA_328/2024

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.