Shenzhen Dianming Technology Co., Ltd v.Respondent
Munich (DE) Local Division · UPC-000587
This procedural order concerns an application by the plaintiff, SWARCO FUTURIT Verkehrssignalsysteme Ges.m.b.H., seeking an order requiring the intervenor, Shenzhen Dianming Technology Co., Ltd., to provide security for costs in the amount of EUR 169,000.00 in connection with an infringement action concerning European Patent No. 2 643 717 against defendant Yunex GmbH. The intervenor opposed the application, requesting its rejection or, alternatively, a significant reduction in the amount. The presiding judge rejected the application, following the reasoning of the Court of Appeal in a prior decision (AorticLab v. Emboline), holding that security for costs should not be ordered for an admitted intervenor even though such an intervenor is treated as a party for cost reimbursement purposes.