UPC must grant unconditional limitation of damages

On the 26th November 2024, the Paris Central Division issued a decision on an application by Suinno Mobile & AI Technologies Licensing Oy to reduce the amount of damages sought in their infringement claim against Microsoft Corporation. Suinno claimed that €2 million was a more accurate reflection of the consequences of the alleged infringement compared to their original calculation. Microsoft protested that Suinno’s request was a “purely litigation driven tactic aiming to reduce the amount of the [previously ordered EUR 300,000] security of costs”.

The Paris Central Division permitted Suinno’s request to change the value of the proceedings, citing Rule 263(3) RoP which specifies that an unconditional limitation of a claim (in this case to the value of the infringement claim) must be granted. Microsoft requests for leave to appeal and for a discretionary review were denied. However, Suinno’s request that the previously ordered security of costs be reduced in line with the reduction of value of the infringement claim was equally denied.