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ORD_29391/2025

AorticLab srl v. Emboline, Inc.

Date
2025-06-20
Division
Luxembourg (LU)
Type of action
Appeal RoP220.2
Language
EN

Metadata

Case IDORD_29391-2025-f3a13a5a32b1
Case number
Registry numberORD_29391/2025
Order referenceORD_29391/2025
Keywords
Headnotes

Documents and full text

Extractor: pypdf | Pages: 7

1 ORDER of the Court of Appeal of the Unified Patent Court issued on 20 June 2025 concerning security for costs (R. 158 RoP) HEADNOTES Art. 69(4) UPCA does not provide a legal basis for granting a security for costs at the request of the claimant in an infringement action. The same applies to a claimant in a revocation action pursuant to Art. 32(1)(d) UPCA). The ratio behind Art. 69(4) UPCA is the protection of a defendant against an insolvent claimant, who initiates an action, without having sufficient means to compensate the defendant for the legal costs incurred by the proceedings he was involved in at the initiative of the claimant. That same rationale does not apply to a counterclaim for revocation, since such an action is still the direct consequence of the infringement action initia ...