Key takeaways
Withdrawal of appeal permitted upon respondent consent (R. 265.1 RoP)
The rule for withdrawing an action applies equally to appeals. The respondent’s consent fulfills the condition for withdrawal, as they no longer have a legitimate interest in a decision.
20% court-fee refund where withdrawal filed before 31 December 2025 (R. 370.9(b)(iii) RoP, old version)
Pre‑2026 rule: 20% refund for withdrawal before oral procedure closure. From 1 January 2026: 50%. Transitional clause applies new rate only to actions filed after 31 December 2025.
Appellant withdrawing an appeal is generally the unsuccessful party and pays appeal costs (Art. 69(1) UPCA; R. 151(d) RoP)
The appellant’s argument that the revocation action was unnecessary given parallel EPO proceedings failed; general cost rule still applies on withdrawal.
Division
Court of Appeal
UPC number
UPC_CoA_237/2025
Type of proceedings
Appeal proceedings (withdrawal of appeal)
Parties
Appellant (Defendant at first instance): VMR Products LLC
Respondent (Claimant at first instance): NJOY Netherlands B.V.
Patent(s)
EP 3 613 453
Jurisdictions
UPC
Body of legislation / Rules
R. 265.1 RoP
R. 370.9(b)(iii) RoP (old version)
R. 151(d) RoP
Art. 69(1) UPCA
Art. 105a EPC
