Home » UPC decisions » Luxembourg Court of Appeal » Court of Appeal, July 22, 2025, decision on withdrawal of cost assessment application, UPC_CoA_845/2024

Court of Appeal, July 22, 2025, decision on withdrawal of cost assessment application, UPC_CoA_845/2024

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Key takeaways

The Court of Appeal clarified that the Court of First Instance has exclusive jurisdiction over cost assessment applications.

The applicant had mistakenly filed the application with the Court of Appeal instead of the competent Local Division.

The Court of Appeal allowed the applicant for cost assessment to withdraw their application without a hearing of the respondent to the cost assessment application.

Division

Court of Appeal

UPC number

UPC_CoA_845/2024

Type of proceedings

Appeal proceedings concerning a cost assessment application.

Parties

Applicant for cost assessment and Respondent in the appeal: Koninklijke Philips N.V.

Respondents to the cost assessment application and Appellants in the appeal: Belkin International, Inc., Belkin GmbH, and Belkin Limited

Patent(s)

EP 2867997

Jurisdictions

UPC

Body of legislation / Rules

R. 151 RoP

R. 265 RoP


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  • German and European Patent Attorney, UPC Representative, Senior Associate

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