Microsoft wins at UPC in tech patent feud after NPE failed to pay €300K

Failure to pay costs seems pivotal in dismissal of Suinno’s action against Microsoft | Pair of decisions clarify guidelines for applying Rule 355 RoP at Court of First Instance | Follows court order forbidding Suinno’s representation by its own in-house counsel.

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Patents

UPC blocks in-house counsel rep citing lack of independence

7 March 2025 Court of First Instance says Suinno’s representative cannot appear before court due to his involvement in the company | Judges cite lack of evidence of independence | Earlier Court of Appeal decision had not ruled out in-house counsel at the UPC in principle.

Unified Patent Court

'A very good decision’: Patent industry welcomes UPC in-house reps update

13 February 2025 Court of Appeal says in-house representatives can appear before the court | Patent attorneys with ‘administrative and financial powers’ or shares remain barred | Decision specific to Microsoft v Suinno Mobile & AI Technologies Licensing.

Unified Patent Court

IP Federation warns against ‘blanket ban’ on in-house counsel at UPC

20 January 2025 UK trade association weighs in on Microsoft UPC appeal which deals with issue of representation | Former CIPA head says court should not “divide” European patent profession | SMEs could be forced to opt out patents due to counsel costs.

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