2024-05-22 - CoA - Texas Instruments v. Network System Technologies - UPC_CoA_224/2024
- Aktenzeichen:
- UPC_CoA_224/2024
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Application Order
- Parteien:
- Texas Instruments Deutschland GmbH, Texas Instruments Incorporated
Kernaussage: In the appeal against an order in which an application for security for costs was dismissed, a request by the Appellants to expedite the appeal and shorten any deadlines where possible in accordance with R.
2024-05-22 - CoA - Texas Instruments
v.
Network System Technologies - UPC_CoA_224/2024
In the appeal against an order in which an application for security for costs was dismissed, a request by the Appellants to expedite the appeal and shorten any deadlines where possible in accordance with R.9.3(b) RoP is denied for being too unspecified and insufficiently substantiated.
significant
Texas Instruments Inc. and Texas Instruments Deutschland GmbH appealed the Munich LD's order of 23 April 2024 (UPC_CFI_514/2023) denying their R.158.1 / Art. 69(4) UPCA application for security for costs against NST. Leave to appeal was granted in the same order. At the same time as lodging the Statement of appeal (15 days after the signature date of the impugned order), Texas Instruments requested expedition of the appeal under R.225(e) / R.9.3(b) RoP, asking the CoA to 'expedite the appeal and shorten any deadlines where possible.' Justification: ongoing defence costs in the main infringement proceedings without security. The CoA (Second Panel, Kalden P/rapporteur) rejects. Headnote: the request is too unspecified and insufficiently substantiated. TI did not explain why the Statement of response needed to come in before the R.224.2(b) / R.235.2 RoP 15-day period; general cost accumulation in the main proceedings is not a particular interest. On the proportionality / fairness / equity balance, the CoA considers TI's own 14-day appeal-preparation time. Future time periods: the request is too unspecified and insufficiently substantiated to shorten them. Parallel orders with identical reasoning issued the same day in UPC_CoA_219/2024 (Audi v NST) and UPC_CoA_220/2024 (Volkswagen v NST).
Stichwörter
Expedition of the appeal, R.225(e), R.9.3(b) RoP