Topics: Art. 69(2) UPCA
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Court of Appeal, July 17, 2026, Order concerning an appeal in a revocation action, UPC-CoA-861/2025
A claimant must bear costs if itunnecessarily initiates a revocation action against a defendant who has not given cause and surrenders the patent immediately at the beginning of the proceedings (Art. 69 (1), (2) UPCA): The CoA held that the principles of equity required that the prevailing claimant had to bear the costs even if…
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LD Brussels, December 4, 2025, decision on withdrawal of infringement action and recoverable costs, UPC_CFI_415/2025
As the Court previously held (cf. LD Düsseldorf – UPC_CFI_355/2025 and UPC_CFI_186/2025 – Fujifilm/Kodak), the focus of appropriateness “is primarily on the amount of costs incurred” and this from an ex ante perspective. When assessing these costs, elements which could be taken into consideration (having regard to the specifical circumstances of a withdrawal of an…
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