Suinno Mobile & AI Technologies Licensing v Microsoft (CFI, 3 March 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 3 March 2025 (UPC_CFI_164/2024, ACT_18406/2024, ORD_8385/2025), the Paris Central Division (P. Catallozzi, presiding and rapporteur, T. Zhilova and W. Samoud) held that Suinno Mobile & AI Technologies Licensing’s representative may not act for it in its infringement action against Microsoft on EP 2 671 173, but declined to treat the action as inadmissible: Suinno has 30 days to appoint a new representative, who must ratify the pleadings already filed.

Question

What follows for the action where the representative cannot act because he holds extensive administrative and financial powers within the claimant company?

Decision

Drawing on the Court of Appeal’s order of 11 February 2025, under which a person holding such powers cannot represent the legal person, even if qualified under Art. 48(1) and (2) UPCA, the Division rejected the request to keep the representative, the documents filed not displacing those findings (paragraphs 4 to 7). Following the Court of Appeal’s order of 8 February 2024, a lack of representation deprives the party’s pleadings and acts of effect without making the action inadmissible. The party must be allowed to cure the defect (paragraphs 8 to 10). Microsoft’s requests based on the defect (inadmissibility under Rule 361 and a default decision on the counterclaim for revocation) are disregarded. Ratification of the pleadings serves efficiency and equality of arms (paragraphs 11 to 13). Time limits are suspended for 30 days (paragraph 16, Rules 9 and 291(2)).

Key points for practice

• Practical point: a lack of representation is cured by appointing a new representative and ratifying the pleadings, it supports neither inadmissibility nor a default decision.

Provisions applied

Agreement on a Unified Patent Court

Art. 48(1) and (2)

Rules of Procedure

Rules 9, 262.1(b), 291(2) 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

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.