Key takeaways
Reimbursement of Court fees should be proportionate to efforts already made by the Court
The purpose of R. 370.9 (b) and (e) RoP on reimbursement of fees in case of a withdrawal of an action is to ensure that the reimbursement is proportionate to the efforts already made by the Court.
A complex patent infringement dispute can lead to a decrease of reimbursed Court fees
A complex patent infringement dispute which the parties have conducted very extensively up to the withdrawal of the infringement action and counterclaim, which has therefore caused exceptionally high, far above-average workload for the Court is an “exceptional case” within the meaning of R. 370.9 (e) RoP.
Such an exceptionally high workload can be based on a high number of workflows, e.g. infringement action, counterclaim, application to amend the patent and multiple confidentiality requests within the proceedings.
Division
Local Division Munich
UPC number
UPC_CFI_208/2023
Type of proceedings
Infringement proceedings (infringement action and counterclaim for revocation), Procedural order
Parties
Claimant: Panasonic Holdings Corporation
Defendants: Guangdong OPPO Mobile Telecommunications Corp. Ltd., OROPE Germany GmbH (UPC_CFI_208/2023 and UPC_CFI_221/2024)
Defendants: Xiaomi (several entities), Odiporo GmbH, Shamrock Mobile GmbH (UPC_CFI_220/2024)
Patent(s)
EP 2 197 132 (UPC_CFI_208/2023)
EP 3 024 163 (UPC_CFI_220/2024 and UPC_CFI_221/2024)
Body of legislation / Rules
R. 333, 370.9 (b) and (e) RoP
