Aylo v DISH (UPC_CFI_198/2024)
Decision date:
18 February 2025
Osborne Clarke summary
- In the underlying proceedings, Aylo brought a revocation action against DISH in the Paris CD and DISH brought a parallel infringement action against Aylo with respect to the German part of the patent in suit before the German Regional Court Munich I. There were also parallel infringement proceedings in the UPC's Mannheim LD.
- Aylo made a request for security for legal costs pursuant to Rule 158 RoP. The parties submitted observations and an interim conference was held. The judge-rapporteur referred the decision to the panel.
- The Mannheim LD had ordered DISH to provide security for costs in the parallel infringement proceedings, and there was a concern that DISH may become insolvent (which DISH disputed).
- The Paris CD rejected Aylo's application. In particular it noted that, while it is open for claimants to bring applications for security for costs, the burden of proof on them will be high in doing so, as they are also the party who commenced the underlying proceedings. On the facts, the court found that Aylo did not sufficiently meet this burden.
Issue
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