Key takeaways
Applications for suspensive effect against interim cost awards are admissible in provisional measures cases
The Court clarified that the prohibition on suspensive effect in R. 223.5 RoP does not apply to appeals against interim cost awards (R. 220.1(c) RoP), which are considered orders under Art. 62 UPCA.
Suspensive effect is an exception granted only (i) if the order is manifestly erroneous, (ii) if the enforcement of the impugned decision would render the appeal largely irrelevant or devoid of purpose or (iii) if fundamental procedural rights, such as the right to be heard, are infringed
An appellant must demonstrate that its interest in maintaining the status quo exceptionally outweighs the respondent’s interest in the immediate enforceability of the order, which is the general rule.
An appellant seeking suspensive effect must substantiate manifest errors with specific evidence from the case file, as required by R. 223.2 RoP
The appellant’s assertion that the respondent had not requested costs was dismissed because it failed to provide specific references to contradict the first-instance court’s finding that both parties had done so.
A missing final cost order does not influence the order granting the interim award of costs.
The Court found no manifest error in an award of interim costs exceeding 50% of the cost ceiling, as both parties had requested a higher amount, so that it cannot be ruled out that the CFI assumed that both parties agreed on the costs to be reimbursed.
The Court of Appeal lacks power to set payment deadlines for first-instance awards or decide costs in non-final orders for suspensive effect
The respondent’s request to set a payment deadline was dismissed as inadmissible, as there is no legal basis for such an action within proceedings for suspensive effect.
Division
Court of Appeal
UPC number
UPC_CoA_19/2026
Type of proceedings
provisional measures proceedings
Parties
Applicant/Appellant: Guardant Health, Inc., USA
Respondents/Defendants: Sophia Genetics SA, Switzerland; Sophia Genetics SAS, France; Sophia Genetics SRL, Italy; Sophia Genetics GmbH, Germany
Patent
EP 3 443 066
Body of legislation / Rules
Rule 223 RoP
