Volkswagen AG and Others v.Network System Technologies LLC
Munich (DE) Local Division · UPC-001521
Volkswagen AG, Audi AG, Texas Instruments Incorporated, and Texas Instruments Deutschland GmbH (Defendants in the main infringement action) applied for security for legal costs against Network System Technologies LLC (NST), the Plaintiff, under Article 69.4 UPCA and Rule 158 RoP. The Defendants argued that NST, a US-based SME with no physical assets, posed an enforcement risk for any future cost order. The Local Division Munich dismissed all three applications, finding that the Defendants had failed to provide concrete evidence of enforcement difficulties in the US or of NST's insolvency risk, and that ordering security would unduly interfere with NST's right to effective remedy as an SME.