Home » UPC decisions » Luxembourg Court of Appeal » Court of Appeal, May 23, 2025, Order, UPC_CoA_7/2025

Court of Appeal, May 23, 2025, Order, UPC_CoA_7/2025

3 min Reading time

Key takeaways

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The Court of Appeal allowed the claimant to withdraw the appeal after the respondent consented, as neither party had a legitimate interest in continuing the proceedings.

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The claimant was awarded a 40% reimbursement of appeal court fees, as the withdrawal occurred after the Statement of Response but before the closure of the interim procedure.

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Upon withdrawal, the Court ordered that each party should bear its own costs for the appeal, reflecting the parties’ agreement and the applicable procedural rules.

Division

Court of Appeal, Panel 2

UPC number

UPC_CoA_7/2025, APL_322/2025, App_23301/2025

Type of proceedings

Appeal proceedings following a revocation action

Parties

Appellant (and Claimant before the Court of First Instance): NJOY Netherlands B.V., Amsterdam, The Netherlands
Respondent (and Defendant before the Court of First Instance): Juul Labs International Inc., San Francisco, USA

Patent(s)

EP 3 504 991

Jurisdictions

UPC

Body of legislation / Rules

Rule 265 RoP, Rule 265.1 RoP, Rule 265.2(c) RoP,

Rule 370.9(b)(ii) RoP


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