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ARTICLE · 12 AUGUST 2026

UPC Confirms Admissibility Of Request To Increase Security For Costs

Marks & Clerk
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A Paris division of the Unified Patent Court granted a moderate €100,000 top-up to security for legal costs in a patent infringement case, balancing the defendant's increased defense expenses against the claimant's fundamental right to access justice. The court rejected demands for a much larger security increase, finding that the claimant's status as a micro-enterprise required careful consideration of proportionality principles under EU law.

FranceIntellectual Property

In a procedural order issued on July 20, 2026, by the Paris Local Division of the Unified Patent Court (UPC) in the infringement action KEEEX v. Adobe et al., the court granted an additional top-up to the security for legal costs previously ordered under Rule 158 of the Rules of Procedure. The initial security, set in December 2025 at €200,000, was increased by €100,000 (a 50% top-up). While the defendant, Adobe, had sought a vastly higher additional security of up to €1.8 million, the judge found a moderate top-up to be the most appropriate remedy. 

The top-up was permitted primarily because of new procedural developments that directly increased the legal expenses borne by the defendants. Specifically, KEEEX introduced a claim for provisional damages amounting to €120 million in its reply on the merits. The court recognized that forcing Adobe to formulate a defence against a claim of this magnitude inevitably drove up its legal costs in a way directly attributable to KEEEX. While

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