Topics: Art. 69(3) UPCA
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Court of Appeal, June 29, 2026, Denies Leave to Appeal Cost Decision
Appeals of cost decisions are subject to a limited ‘marginal review’ for reasonableness and proportionality, not a full re-assessment (R. 221 RoP, R. 156.2 RoP): This limited review is justified because the first-instance judge-rapporteur, who decides on costs in writing under R. 156.2 RoP, has managed the case throughout and is best positioned to assess…
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LD Munich, January 13, 2026, Decision on the merits, UPC_CFI_628/2024; UPC_CFI_125/2025
Infringement of a medical device requires a potential use to be lege artis. A use that damages the device cannot establish infringement.: The claimant argued for an infringing use that required piercing the device’s mesh. The Court held this was not a proper, professional use but an emergency measure, and thus irrelevant for the infringement…
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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…
3 min Reading time→
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