Microsoft v Suinno Mobile & AI Technologies Licensing (CFI, 12 December 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 12 December 2024 (UPC_CFI_164/2024, ACT_18406/2024), the Paris Central Division refused Microsoft Corporation leave to appeal the order of 26 November 2024 that had allowed Suinno Mobile & AI Technologies Licensing Oy to amend its claim (EP 2 671 173), reducing the damages sought to EUR 2 million. The order restates the two criteria for leave to appeal under Rule 220.2.

Question

On what conditions will the Court grant leave to appeal a procedural order allowing an amendment of the claim under Rule 263?

Decision

Apart from orders under Art. 49(5), Art. 59 to 62 and Art. 67 UPCA and Rule 97.5, orders are in principle reviewed only together with the appeal against the final decision, as their impact on the parties’ interests is usually smaller. Leave to appeal is the exception (paragraphs 4 and 5). It serves to harmonise interpretation by allowing the Court of Appeal to settle controversial issues (paragraph 6). The panel therefore asks whether the order raises a legal issue on which divisions or panels differ, and whether an appeal would serve a concrete interest of the parties in the light of the principles of proportionality and efficiency in the Preamble (paragraph 7). Microsoft argued that the amended claim was really a reduction in the value of the case (paragraph 8), the issue is not controversial and cannot affect the final decision on the merits (paragraphs 9 and 10).

Key points for practice

• An application for leave to appeal must identify a divergence of interpretation between divisions or panels and a concrete interest in immediate review.
• Practical point: otherwise, a challenge to the handling of an amendment of the claim must wait for the appeal against the decision on the merits.

Provisions applied

Agreement on a Unified Patent Court

Art. 49(5), Art. 59 to 62, Art. 67, Art. 73(2)(b) and Art. 76(1)

Rules of Procedure

Preamble, Rules 97.5, 220.2 and 263

Related decisions

• Suinno Mobile & AI Technologies Licensing, 26 November 2024, order allowing the amendment of the claim.

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.