Home » UPC decisions » Luxembourg Court of Appeal » Court of Appeal, November 28, 2024, status as micro-enterprise, UPC_CoA_490/2024

Court of Appeal, November 28, 2024, status as micro-enterprise, UPC_CoA_490/2024

3 min Reading time

Key takeaways

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The Court of Appeal denied the request to waive the order to pay the regular court fee plus an additional fee of 50 % of the regular fee. The Appellant argued initially to be a micro-enterprise; then corrected its status to small enterprise. The Appellant failed to provide documentary evidence regarding its status, even despite having been ordered to do so by the Court.

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The Court of Appeal denied the application for legal aid as inadmissible since it was lacking a statement regarding the economic and financial situation of the applicant.

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The Appellant’s failure to pay the required court fees led to the Court granting the Respondent’s request for a decision by default. As the unsuccessful party, the Appellant is required to bear the costs of the appeal proceedings.

Division

Court of Appeal

UPC number

UPC_CoA_490/2024

Type of proceedings

appeal against an order of provisional measures

Parties

Appellant (and Defendant before the Court of First Instance): anonymized

Respondent (and Claimant before the Court of First Instance): Amycel LLC, California, U.S.A.

Patent(s)

EP 1 993 350

Body of legislation / Rules

Rules 172.2, 355, 355.1(a), 357.3, 370.8, 378A, 378A.1(a)-(d) RoP


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