Key takeaways
Reimbursement of fees: no extension of written procedure by opportunity for further written submissions.
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In appeal proceedings (without cross-appeal), the written procedure ends with the submission of the statement of response by the respondent pursuant to R 235, R 239.1 RoP. The written procedure is not extended if the parties are allowed to file further written submissions. Such further written submissions belong to the interim procedure. As a consequence, in this stadium, the reimbursement of court fees under R 370.9 (b) RoP after a withdrawal of the appeal is limited to 40%.
Division
Court of Appeal
UPC number
UPC_CoA_808/2024, APL_66414/2024
Type of proceedings
Appeal proceedings, Revocation action
Parties
President and Fellows of Harvard College (Appellant), NanoString Europe Limited
Patent(s)
EP2794928
Body of legislation / Rules
Rule 235, Rule 239.1 Rule 370.9 (b) RoP
