Network System Technologies v Volkswagen (CoA, 19 February 2025)

Date	19 February 2025
Court	CoA
Division	Luxembourg (LU)
Type of action	Generic application
Registry reference	App_2709/2025 · ORD_8348/2025
Parties	Network System Technologies LLC

Official decision (PDF) · UPC registry entry

Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.

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Dhenne Avocats · 10 October 2026

Our analysis

Summary

By an order of 19 February 2025 in cases UPC_CoA_218/2024, UPC_CoA_220/2024 and UPC_CoA_222/2024, Rian Kalden, presiding judge of panel 2 of the Court of Appeal and judge rapporteur, ordered the full return of the security for costs deposited by Network System Technologies LLC (NTS) in its infringement actions against Volkswagen AG. The order fills a gap in the Rules of Procedure by applying Rule 352.2 by analogy.

Question

May security for costs ordered under Art. 69(4) UPCA and Rule 158.1 be released after the withdrawal of the actions in which it was ordered, and on what basis?

Decision

By orders of 17 September 2024, the Court of Appeal had set aside the Munich Local Division’s refusals and ordered NTS to provide security totalling EUR 500,000 across the three cases, deposited on 1 October 2024 (paragraphs 1 to 3). After the local division allowed the withdrawals and closed the proceedings, NTS applied for the return of the security (paragraphs 4 and 5). The court noted that Rule 352.2, which allows security to be released on a party’s application, concerns security for enforcement, but applied it by analogy, the withdrawal of the actions justifying release (paragraph 6). The amounts were returned in full.

Key points for practice

Rule 352.2 applies by analogy to security for costs: a party that has withdrawn may obtain its return on application.
The application is made to the court that ordered the security, here the Court of Appeal.

Provisions applied

Agreement on a Unified Patent Court: Art. 69(4)
Rules of Procedure: Rules 158.1 and 352.2
Case law cited: No UPC decision is cited, apart from the Court of Appeal’s own earlier orders of 17 September 2024 in the same cases.

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.

Going further

Lexicon: UPC Court of Appeal.

Dhenne Avocats blog: UPC Appeals: What the Numbers Show.

Source and translations

Official source: Unified Patent Court registry link recorded in the record
Original language: not recorded
Translation available: no translation recorded the firm’s French record is a summary, not a translation
Date checked: not recorded

Only the official text is authoritative. A machine translation is never presented as official, republishing a third-party document requires a verified basis in rights, and a link to the source is preferred.

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Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.

Proceedings

No case number recorded in this record.

Parties

claimantNetwork System Technologies LLC43 decisions in the corpus Follow this party

Exact name as it appears in the record, group affiliation only where sourced and dated.

Decisions in the same proceedings and documented appeals

No other decision in the corpus bears the same case number, and no appeal is documented in the corpus to date.

What the record states

Nature of the act: Generic application
Outcome (Dhenne Avocats summary): La cour d'appel ordonne la restitution intégrale des garanties pour frais versées par NTS, en appliquant par analogie la règle 352.2 après le désistement des actions contre Volkswagen.
Appeal: Decision of the Court of Appeal.
Instance: Court of Appeal decision.

Scope: Dhenne Avocats corpus. Registry-based links are marked “official number”; links derived from the analyses are marked as such. An erroneous link can be withdrawn without deleting any record.

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