Infoblox Inc. and Others v.Nixu FL IP Protection LLC
Hamburg - Local Division · UPC_CFI_360/2026
In a patent infringement action concerning EP 2 005 696 B1, the defendants (Infoblox Inc., Infoblox Germany GmbH, and Nomios Germany GmbH) applied under R. 158 RoP for an order requiring the claimant, Nixu FL IP Protection LLC, to provide security for costs. The defendants argued that Nixu was a recently incorporated litigation vehicle whose patent portfolio and all related income were pledged to a third party, rendering it economically assetless, and that enforcement of a UPC cost award in Florida would be uncertain. The Local Division Hamburg ordered Nixu to provide security of €200,000, finding that while Florida's recognition statutes did not justify security, Nixu's economic assetlessness due to the pledged patent portfolio did.