Suinno Mobile & AI Technologies Licensing v Microsoft (CFI, 26 November 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 26 November 2024 (UPC_CFI_164/2024, ACT_18406/2024, ORD_62739/2024), the Paris Central Division (panel presided over by P. Catallozzi) granted Suinno Mobile & AI Technologies Licensing, claimant in the infringement action on EP 2 671 173 against Microsoft, leave to reduce its damages claim to EUR 2 million, but refused to reconsider the fees already paid.

Question

Is a reduction of the damages claimed a limitation of the claim that the court must allow under Rule 263, despite the objection that it aims to reduce security for costs?

Decision

Rule 263 makes any change of claim subject to leave, refused where the change could have been made earlier with reasonable diligence and would unreasonably hinder the other party, but leave to limit a claim must always be granted (paragraphs 3 and 4). Reducing the damages claimed, with an explanation and unconditionally, is such a limitation (paragraph 5). The application concerns a change of claim, not the value in dispute, which is for the judge-rapporteur under Rules 22, 104 and 370.6 (paragraph 6), the claimant’s subjective intention is irrelevant (paragraph 7). For want of argument, the request to reconsider the fees under Rule 263.4 was rejected (paragraph 8).

Key points for practice

• Practical point: reducing the amount claimed is a limitation of the claim allowed as of right, and the other side cannot resist it by pointing to the claimant’s supposed motive, a refund of fees, by contrast, requires its own reasoning.

Provisions applied

Rules of Procedure

Rules 22, 104, 263 and 370.6

Case law cited

No UPC decision is cited.

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.