UPC CFI LD Hamburg, 14 May 2024: € 56.000 as security for costs because of insolvency risk claimant
25-05-2024 Print this page
Insolvency risk of the plaintiff is the relevant factor for security for costs of a party, not enforcement not enforcement risk in case of an EU domiciled plaintiff (Article 69(4) UPCA, Rule 158(1) RoP).
Claimant to provide security for the legal costs of the Defendants in the (total) amount of € 56.000.
As the starting point the undisputed facts point into the direction of the argument of the defendants that there is a risk of insolvency of the claimant when it comes to the reimbursement of the costs of the present proceedings. […].
In the present case the Panel has especially considered that the patent in suit was not only just recently assigned to the claimant, but that the transfer was performed months after the assignor entered into a pre-trial correspondence about a possible patent infringement with the defendants 2) and 3). This raises the concern that the purpose of this transfer might be to facilitate this litigation without any financial risk to applicant.
