2024-12-03 - LD Düsseldorf - 10x Genomics v. Curio Bioscience - UPC_CFI_140/2024

1. Not only the claimant but also the defendant may be ordered to provide security for legal costs within the meaning of R. 158 RoP. 2. If the claimant requests such a security for legal costs to be provided by the defendant, the Court has to take into account that the claimant made a voluntary decision to litigate. This circumstance does have implications for the weighing of interests when exercising the discretion under Rule 158 RoP. In doing so, special care must be taken by the Court that the Defendant’s right to a fair trial is protected and particularly that the Defendant is not denied the opportunity to present its case effectively before the Court.

The Düsseldorf Local Division ordered a security for legal costs to be paid by the defendant. The Court explained the legal standard for the weighing of interests in this specific situation, stating that it is different than when a security was ordered against a claimant.