Key takeaways
The assessment of whether an action becoumes devoid of purpose (R. 360 RoP) is based on the interest o the party that filed the action.
The court assesses whether an action is devoid of purpose based on the claimant’s legitimate legal interest (R. 360 RoP). The defendant’s interest is not autonomously considered in this assessment.
When a claimant requests disposal of the action after the patent-in-suit has expired, while not claiming a declaration of infringement, this is deemed to imply the claimant’s assertion that no infringement occurred while the patent was still in force.
Disposal of a man action (R. 360 RoP) cannot be oppose based on R. 213 RoP.
R. 213 RoP applies to provisional measures and does not apply to the proceedings on the merits. Therefore, it cannot be asserted to oppose to the disposal of a main action pursuant to R. 360 RoP.
A defendant cannot rely on R. 213 or R. 354 RoP to oppose the disposal of a main action, as these rules are inapplicable in this procedural context
Difficulties of impossibility in determining who is the successful party can result in cost apportionment.
In case of a disposal of an action, it must be determined based on the specific characteristics of the case, which party is the successful party within the meaning of Art. 69(1) UPCA. If such determination is not possible, the exception provided for in Art. 69(1), (2) UPCA apply.
The Court found that both parties were to bear their own costs as, under the specific circumstances of the case, it was impossible for the Court to determine a “successful party”.
Division
Local Division Lisbon
UPC number
UPC_CFI_858/2025
Type of proceedings
Action on the merits
Parties
Claimant: BOEHRINGER INGELHEIM INTERNATIONAL GMBH
Defendant: ZENTIVA PORTUGAL, LDA
Patent(s)
EP 1 830 843
Jurisdictions
UPC (Austria, Belgium, Bulgaria, Denmark, Estonia, Finland, France, Germany, Italy, Latvia, Lithuania, Luxembourg, Netherlands, Portugal, Romania, Slovenia and Sweden)
Body of legislation / Rules
R. 213 RoP, R. 265.1 RoP, R. 354 RoP, R. 360 RoP, Art. 25 UPCA, Art. 69 UPCA, Art. 102 TFEU, Art. 14 of Directive 2004/48/EC
