Suinno Mobile & AI Technologies Licensing v Microsoft (CFI, 13 March 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 13 March 2025 (UPC_CFI_164/2024, ACT_18406/2024, ORD_12267/2025), the Paris Central Division (P. Catallozzi, presiding and rapporteur, T. Zhilova and W. Samoud) rejected Microsoft’s request to have Suinno Mobile & AI Technologies Licensing’s infringement action on EP 2 671 173 declared manifestly inadmissible under Rule 361, and refused leave to appeal. The order follows on from the order of 3 March 2025 on Suinno’s lack of valid representation.

Question

Does the claimant’s lack of valid representation, its representative holding extensive administrative and financial powers within it, make the action manifestly inadmissible under Rule 361?

Decision

Under the order of 3 March 2025, made in the same proceedings in light of the Court of Appeal’s order of 8 February 2024, a lack of representation gives the party an opportunity to cure it and does not lead to inadmissibility. The ground relied on therefore does not exist (paragraphs 6 and 7). Moreover, inadmissibility is manifest only where it is apparent from the pleadings without in-depth analysis, on simple facts such as a mandatory time limit missed without justification, not on complex assessments with a debatable outcome (paragraphs 8 and 9). Even if the point were not definitively settled, it would call for in-depth examination (paragraph 10). Leave to appeal is refused: the Court of Appeal has already ruled on the facts and the applicable rules, the case law is consistent, and an immediate appeal might be decided after the oral hearing (paragraphs 11 and 12).

Key points for practice

• Practical point: Rule 361 is reserved for obvious inadmissibility, a contested question of representation belongs to the ordinary course of the proceedings.

Provisions applied

Agreement on a Unified Patent Court

Art. 48(1) and (2)

Rules of Procedure

Rules 262.1(b) and 361

Case law cited

Ocado Innovation, Court of Appeal, 8 February 2024, Suinno Mobile & AI Technologies Licensing v Microsoft, Court of Appeal, 11 February 2025, Suinno Mobile & AI Technologies Licensing v Microsoft, Paris Central Division, 3 March 2025, Court of Appeal, 15 October 2024 (UPC_CoA_570/2024), Paris Central Division, 16 September 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.