UPC CFI, LD Düsseldorf, 3 December 2024: Defendant can be ordered to provide security for legal costs

Defendant to provide security for legal costs and other expenses to the Claimant in an amount of EUR 200,000. 

Defendant can also be ordered to provide security for legal costs (R. 158 RoP, Article 69 UPCA). 

There is no conflict between Rule 158 RoP, in accordance with which a security may be imposed on a “party”, which includes a defendant, and the UPCA. 

In particular, there is no conflict with Article 69(4) UPCA, which does not exclude imposing a security on a defendant, and there is also no conflict with Article 56(1) UPCA as Article 69(4) provides the legal basis for a security, which may also be ordered against a defendant. In other words, the RoP comply with the UPCA (cf. Article 41(1) UPCA). Accordingly, the Defendant´s interpretation, on which its admissibility objections are based, is dismissed. 

In the absence of information on actual costs an amount of  EUR 200,000 is deemed adequate security 

IPPT20241203, UPC CFI, LD Düsseldorf, 10x Genomics v Curio Bioscience