The UPC saves Euro 2024

Well, not quite – or at least not yet. Nevertheless, UEFA (Union des Associations Européennes de Football) and their ball-tracking technology supplier, Kinexon GmbH, have been sued at the UPC by Ballinno B.V, who seeks provisional measures against the proposed use of this technology in the upcoming UEFA EURO 2024 tournament. One can imagine that a lack of appropriate balls could affect the tournament rather negatively. 

The clinch here is though that the claimant had only recently been assigned the patent in question, months after the assignor had engaged in a pre-trial correspondence with some of the defendants regarding possible patent infringement. This raised the concern that the purpose of the transfer may have been to facilitate the present litigation without any financial risk to the assignor.

Under Rule 158.1 of the UPC’s Rules of Procedure (RoP) the Court may order the provision of adequate security for legal costs and other expenses incurred. This rule may be used to secure an early cost payment in cases where, for example, the ability of a party to reimburse recoverable costs is in doubt or when there are enforcement risks with respect to the final costs decision. 

In an order dated 14 May 2024 issued by the Court of First Instance of the Hamburg Local Division, the panel of judges instructed the claimant, Ballinno B.V., to provide security for the legal costs of the defendants, Union des Associations Européennes de Football (UEFA),  Kinexon GmbH and Kinexon Sports & Media GmbH, in the amount of € 56,000, based on the insolvency risk of the plaintiff. It was determined that such a risk was present because the claimant failed to provide any proof that they were financially capable of reimbursing recoverable costs, and that they appeared to have no known assets apart from the patent in suit.

Whilst this order may not match the saving prowess of Jordan Pickford or Manuel Neuer, it nevertheless provides reassurance that the UPC takes a thorough commercial view to balance the interests of the various teams. NPE’s certainly will take note of this decision. 

Subscribe to regular UPC updates from Marks & Clerk here.