Topics: cost decision
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UPC Court of Appeal, Order of April 30, 2025, UPC_CoA_768/2024
Claim construction principles: The interpretation of a patent claim is a matter of law. Therefore, the Court cannot leave the judicial task of interpreting the patent claim to an expert but has to construe the claim independently. The skilled person is a notional entity that cannot be equated with any real person in the technical…
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LD Duesseldorf, April 22, 2025, order in cost proceedings, UPC_CFI_16/2024, UPC_CFI_626/2024, UPC_CFI_115/2025, UPC_CFI_116/2025
Costs calculated based on the German Lawyer’s Fees Act (RVG) are recoverable : The German Lawyers’ Fees Act stipulates statutory minimum fees for proceedings conducted before the German courts. It can be assumed that the fees calculated in accordance with this Act are generally necessary and reasonable and therefore also recoverable before the UPC. Division…
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LD Duesseldorf, April 22, 2025, order on costs, UPC_CFI_16/2024, UPC_CFI_121/2025, UPC_CFI_124/2025, UPC_CFI_626/2024
Recoverable costs must be reasonable and proportionate: “Reasonable” essentially means necessary. Based on the ex-ante standpoint of a reasonable and economically sound party, the decisive factor is whether the cost-incurring measure appeared objectively necessary and suitable to achieve the legitimate procedural objective. The measure must therefore have appeared appropriate for the prosecution or defense of…
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LD Lisbon, April 4, 2025, cost decision in PI proceedings, UPC_CFI_697/2024
Cost decision following an order rejecting a preliminary injunction: A decision on costs is possible following an order rejecting an application for a preliminary injunction (PI), although the strict wording of R. 150 et seq. RoP provide for a decision on costs only following a decision on the merits. Art. 69 (1-3) UPCA provides for…
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Court of Appeal, March 26, 2025, allocation of costs, UPC_CoA_290/2024
Prevailing claimant to exceptionally bear costs: An exception to the general rule of Art. 69 (1) UPCA, which requires the unsuccessful party to bear the reasonable legal costs and expenses of the successful party, applies if a claimant files a revocation action without the patent holder prompting it and the holder surrenders the patent immediately…
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Court of Appeal, March 3, 2025, Order, UPC_CoA_523/2024
Price erosion is an important factor to be considered when evaluating the necessity of provisional measures. : A move from a market situation where only one product is available, to one where there are two competing products, can be expected to lead not just to price pressure but to a permanent price erosion. This risk…
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LD Munich, February 24, 2025, decision regarding award of costs, UPC_CFI_2/2023
In PI-proceedings an application for the determination of costs pursuant to R. 151 RoP is admissible in the event that the Court of Appeal has issued a basic decision on costs pursuant to R. 242.1RoP.: Pursuant to R. 150.1 RoP, the determination of costs may be the subject of separate proceedings following a decision on…
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CoA Luxembourg, July 29, 2024, order on cost application, UPC_CoA_1/2024
Application for cost decision is to be lodged before the court of first instance: Proceedings for a cost decision are to be started before the court of first instance, even if the application relates to costs that accrued in appeal proceedings. The general procedure as provided in R. 150 seqq. RoP is to be followed.…
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Court of Appeal, February 26, 2024, order on provisional measures, UPC_CoA_335/2023
The patent claim is not only the starting point, but the decisive basis for determining the scope of protection of an EP under Art. 69 EPC in conjunction with the Protocol on the Interpretation of Art. 69 EPC: The interpretation of a patent claim does not depend solely on the strict, literal meaning of the…
5 min Reading time→
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