Key takeaways
Separate court fees are required for appeals in revocation actions and counterclaims for revocation
Revocation actions and counterclaims for revocation are treated as separate actions, even if jointly decided in a single document by the Court of First Instance. Each action requires its own appeal fee.
Withdrawal of actions is permitted before a final decision
The claimant may withdraw both the revocation action and the counterclaim for revocation with agreement of the defendant. Upon withdrawal, the underlying first instance decision becomes ineffective, and the appeals are rendered moot.
Only partial reimbursement of court fees is available upon withdrawal
The Rules of Procedure allow for a 60 % refund of court fees in the event of withdrawal, not a full refund. Separate actions mean separate reimbursement calculations.
No cost decision is required if parties waive cost applications
If both parties waive their rights to apply for a cost decision regarding representation, the Court will not issue a cost order.
Division
Court of Appeal
UPC number
UPC_CoA_178/2025
Type of proceedings
revocation action, withdrawal
Parties
Claimant: DVANCED BIONICS AG, Switzerland; ADVANCED BIONICS GMBH, Germany; ADVANCED BIONICS SARL, France
Defendant: MED-EL ELEKTROMEDIZINISCHE GERĂ„TE GESELLSCHAFT m.b.H., Austria
Patent
EP 4 074 373
Body of legislation / Rules
Rule 265 RoP, Rule 370 RoP, Art. 32(1) UPCA
