Guillaume Faget
3 IP cases indexed. Covers patent matters.
Cases Presided Over
3 cases indexed | Page 1 of 1
Ballinno B.V. v.Kinexon GmbH, Kinexon Sports & Media GmbH, Union des Associations Européennes de Football (UEFA)
This UPC Court of Appeal decision addresses a case concerning security for costs and the disposal of an action that has become devoid of purpose. The claimant, Ballinno B.V., initially sought provisional measures related to patent EP 1 944 067 but subsequently withdrew these requests on appeal. Consequently, the court disposed of the action while rejecting Ballinno's request to set aside the security for costs. This ruling reinforces procedural principles regarding case abandonment and cost allocation in UPC litigation.
Ballinno B.V. v.Union des Associations Européennes de Football (UEFA), Kinexon Sports & Media GmbH, Kinexon GmbH
This UPC Court of Appeal decision addresses the critical procedural issue of an action becoming 'devoid of purpose' when a claimant withdraws its urgent requests for provisional measures. The case involved Ballinno B.V., patent holder, and UEFA/Kinexon companies regarding offside detection technology. The court clarified that claimants who take the inherent risk of basing their strategy on temporary events must accept the consequence of bearing costs if the interest expires before a final ruling.
Kinexon Sports & Media GmbH, Kinexon GmbH, Union des Associations Européennes de Football (UEFA) v.Ballinno B.V.
This UPC Court of Appeal decision addresses a request for security for costs in an appeal proceeding concerning EP 1 944 067. The Kinexon companies and UEFA successfully argued that the respondent, Ballinno B.V., lacked sufficient financial means to guarantee the reimbursement of legal expenses. Consequently, the court mandated Ballinno to provide € 25,000 in security for costs. This ruling reinforces the UPC's ability to manage litigation risk by ensuring that parties with questionable financial standing can be required to secure their potential cost obligations.
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