Key takeaways
Representation Costs in Cost Proceedings
Proceedings for cost decisions under R. 150 et seq. RoP are summary proceedings. Awarding compensation for the additional costs of the cost proceedings is not envisaged in the Rules and it would give the parties an incentive to spend more resources in the summary proceedings than necessary, thus resulting in inefficient proceedings. Hence, a request for reimbursement of representation costs in cost proceedings is unfounded.
Cost Decision Procedure and Cost Ceiling Increase
Art. 69 UPCA governs cost allocation, emphasizing reasonableness and proportionality. R. 150 et seq. RoP provide the procedural framework.
If the parties generally agree to a raise of the ceiling for recoverable costs during the oral hearing, it is not possible (unfounded) to challenge the setting of the ceiling during the proceedings for the determination of costs.
Reimbursable Travel Expenses
While a large team of nine representatives of the Defendant worked on the case due to its complexity and parallel cases, only two representatives attended the oral hearing. This was considered reasonable by the Division and therefore the travel expenses are to be reimbursed.
Division
Local Division Düsseldorf
UPC number
UPC_CFI_255/2023, UPC_CFI_186/2025
Type of proceedings
Patent infringement action and counterclaim for revocation; cost decision procedure
Parties
Claimant: FUJIFILM Corporation
Defendants: Kodak GmbH, Kodak Graphic Communications GmbH, Kodak Holding GmbH
Patent(s)
EP 3 594 009 B1
Jurisdictions
Germany and the UK
Body of legislation / Rules
Art. 69(1) UPCA, R. 152.1 and .2 RoP, R. 153 RoP, R. 180.1 RoP
