GXD-Bio v Myriad International (CFI, 26 November 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 26 November 2024 (UPC_CFI_437/2024, ACT_43382/2024, ORD_59602/2024), the judge-rapporteur of the Munich Local Division (U. Voß), in GXD-Bio Corporation’s infringement action on EP 3 346 403 against Myriad International GmbH and eight other defendants, ordered the claimant to provide security of EUR 112,000 for the defendants’ costs by 15 January 2025, but declined to make a decision by default in advance.

Question

Should security for costs be ordered against a recently incorporated Korean patent monetisation company, and can a default decision be made in advance in case security is not provided?

Decision

The court has discretion, taking into account in particular the claimant’s financial position and the risk that a costs order may not be recoverable or enforceable. The requesting party must give reasons and the other side must contest them with substance. As the defendants’ financial information was undisputed, the risk of non-recovery was real, and the claimant did not argue that security would impair its right to an effective remedy. The choice between deposit and bank guarantee was left open, and the period of about seven weeks took account of the holidays. The request for a default decision was premature, as no time limit had yet been set. The claimant was merely warned of the risk under Rule 355. Leave to appeal was granted to the defendants.

Key points for practice

• Practical point: a decision by default can only be sought once the period for providing security has expired, not in the security application itself.

Provisions applied

Agreement on a Unified Patent Court

Arts. 69(4) and 73(2)(b)(ii)

Rules of Procedure

Rules 158.1, 220.2 and 355

Case law cited

Court of Appeal, 17 September 2024 (UPC_CoA_218/2024), Edwards Lifesciences v Meril, Munich Local Division, 29 September 2023, President and Fellows of Harvard College v NanoString, Munich Central Division, 30 October 2023, AIM Sport Vision v Supponor, Helsinki Local Division, 20 October 2023

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.