Adobe Inc., Adobe Systems Software Ireland Limited v. KEEEX SAS, UPC Court of Appeal, Case no. UPC-COA-1/2026, UPC-COA-1/2026
On 30 April 2026, the Court of Appeal handed down an order in infringement proceedings between Adobe Inc, Adobe Systems Software Ireland Limited and KEEEX SAS. The order concerned an application for security for costs filed by Adobe.
Adobe sought security for costs of €5,000,000 (or €2,500,000/ €1,500,000 as fallbacks). The Paris LD ordered security for costs of €50,000.
The Court of Appeal held that the appeal was not admissible, as the Paris LD had not granted permission to appeal and the appeal had been made separately from any appeal of the first instance decision (the appeal had therefore not been brought in accordance with Rule 220.2 RoP).
It noted that the first instance Court had incorrectly cited R 220.1 RoP in its Order, but held that Adobe’s correct references to R. 220.2 RoP in its original appeal documents demonstrated that it had understood there was mistake. It also held that R. 320 RoP did not apply as the failure to meet to the 15-day appeal deadline was not caused by circumstances beyond the control of Adobe. Finally, Adobe had not demonstrated any exceptional circumstances that would justify remanding the case back to the Paris LD.
A copy of the decision can be found here.
