2025-04-02 - CD Paris - Suinno v. Microsoft - UPC_CFI_164/2024

1. In a situation in which a party fails to take a procedural step in the stated timeline and the Rules of Procedure provide that a decision by default may be given the Court is not obligated to issue such a decision but retains discretionary power even where the default is evident and there are no justifying elements. 2. In addressing an application for a decision by default, the Court may consider relevant that the evidentiary findings acquired in the proceedings at the time of the default does not allow for a sufficiently confident assessment of the merits of the claims put forward by the non-defaulting party.

The Paris Central Division rejected an application for a decision by Default filed against the patentee who failed to provide a security in time. The Court explained in detail that it had discretion whether to issue a decision or not; in the case at hand, the Court found it would be preferable to await the oral hearing to clarify whether the revocation of the patent would be justified.