Key takeaways
Failure to comply with the time limit for application for cost decision can only be remedied by re-establishment of rights
Where a cost ratio has been determined, both parties are required to lodge, within the time limit, an application for a decision on their respective costs, in accordance with Rule 151 of the Rules of Procedure.
Failure to comply with the time limit for an application for a cost decision pursuant to R. 151.1 of the Rules of Procedure can only be remedied by re-establishment of rights (R. 320 RoP) (UPC_CoA_618/2024).
Inadequate knowledge of the law is not sufficient grounds for re-establishment of rights.
In principle, due care within the meaning of Rule 320.1 of the Rules of Procedure includes knowledge of the legal system and the relevant decisions, in particular those of the Court of Appeal. A represented party must assume responsibility for any fault on the part of their UPC representative.
For that reason, inadequate knowledge of the law is generally not sufficient grounds for re-establishment of rights.
Division
Local Division Munich
UPC number
UPC_CFI_1510/2025
Type of proceedings
Cost determination
Parties
Heraeus Electronics GmbH & Co. KG
vs.
Vibrantz GmbH
Patent(s)
EP 3 215 288
Jurisdictions
Local Division Munich
Body of legislation / Rules
Rule 151 RoP, Rule 320 RoP
