2024-05-21 - LD Paris - Icpillar v. Arm et al. - UPC_CFI_495/2023
- Aktenzeichen:
- UPC_CFI_495/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Local Division
- Art:
- Application Order
- Parteien:
- Arm Germany GmbH, ARM Limited, Allinea Software GmbH, Simulity Labs Limited, Arm lreland Limited, Arm Sweden AB, SVF Holdco, Arm France SAS, Arm Germany d.o.o, Apical Limited
Kernaussage: The Paris Local Division ordered the US-based claimant ICPillar to post security for costs of EUR 400,000 under Art.
2024-05-21 - LD Paris - Icpillar
v.
Arm et al. - UPC_CFI_495/2023
notable
The Paris Local Division ordered the US-based claimant ICPillar to post security for costs of EUR 400,000 under Art. 69(4) UPCA and R. 158 RoP. The Court held that the claimant's financial position — unverifiable from public records, with income solely from patent licensing — created a legitimate risk that a future costs order might not be recoverable. A litigation-insurance broker's declaration produced by the claimant was held insufficient to displace the need for security, because such insurance primarily protects the insured party, not the defendant, and the insurance terms had not been fully disclosed. The Court rejected the enforcement-difficulty argument: US domicile alone, without specific obstacles, does not justify security, following the Munich CD and LD Munich line. The amount was set at approximately one-third of the likely costs ceiling as proportionate at this procedural stage.