Arthrex Inc., Arthrex GmbH, Arthrex Distribution Hub EMEA B.V. v.Respondent
Munich (DE) Local Division · UPC-000457
This procedural order concerned a dispute over security for costs in a patent infringement action involving EP 2 670 898. The Defendants (Arthrex entities) requested EUR 3,300,000 in security (EUR 1,100,000 per Defendant), while the Claimant (Syntorr LP) opposed any security order or alternatively requested a reduced amount of EUR 1,000,000–2,000,000, offering to provide security via litigation insurance with anti-avoidance endorsement. The Judge-rapporteur ordered the Claimant to provide EUR 2,000,000 in security by 30 September 2025, either by bank guarantee or deposit into the Court's account, ruling that the Claimant's insurance policy was not adequate security under Rule 158(1) RoP and that an amount exceeding the regular ceiling for recoverable costs was not justified.
