UPC_CoA_889/2025

Decisions and documents (1)

• 2026-02-18procedural

  Appellant:

  Syntorr LP

  Respondents:

  Arthrex Distribution Hub EMEA B.V.; Arthrex GmbH; Arthrex Inc.

  (1) When exercising its discretion under Art. 69(4) UPCA and R.158.1 RoP, the Court must determine, in the light of the facts and arguments brought forward by the parties, whether the financial position of the claimant gives rise to a legitimate and real concern that a possible order for costs may not be recoverable and/or the likelihood that a possible order for costs by the UPC may not, or in an unduly burdensome way, be enforceable. (2) A litigation insurance that covers the legal costs of the defendant must be considered when assessing whether the claimant’s financial position gives rise to a concern that a possible order for costs may not be enforceable, or in an unduly burdensome way, by the defendant.

  Judge: Ulrike Voß • Panel: Nathalie Sabotier🔒 Unlock Official PDF