Key takeaways
No need to adjudiacte also when appeal has become devoid of purpose
R.360 RoP applies not only when the action itself has become devoid of purpose, but also when the appeal has become devoid of purpose.
According to R.360 RoP the Court may at any time, on the application of a party or its own motion, after giving the parties an opportunity to be heard, dispose of the action by way of order if the Court finds that an action has become devoid of purpose and that there is no longer any need to adjudicate on it.
R.360 RoP applies not only when the action itself has become devoid of purpose, but also when the appeal has become devoid of purpose. If the appellant has no legal interest in bringing appeal proceedings anymore, there is no reason to adjudicate on it. This means the appeal has become devoid of purpose in the meaning of R.360 RoP.
No cost reimbursment in case of R.360 order
No decision on the reimbursement of legal costs will be made in a R.360 order since such an order is not a final order or decision concluding an action (see Court of Appeal, order 16 September 2024 – ICPillar v. SVF Holdco, ORD_50692/2024, APL_33746/2024, UPC CoA 301/2024, par. 41)
Division
Court of Appeals Luxemburg
UPC number
UPC_CoA_584/2024
Type of proceedings
Infringement Proceedings
Parties
Appellant: EOFlow Co., Ltd.
Respondent: Insulet Corporation
Patent(s)
EP 4 201 327
Body of legislation / Rules
Rule 360 RoP