Topics: cost reimbursement
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Court of Appeal, July 3, 2025, order re. appeal against cost decision, UPC_CoA_153/2025
The cost decision after the withdrawal of an action (or a request for provisional measures) is made in accordance with the general regulations in Rules 150 et seqq. RoP.: According to Rule 265.2(c) RoP, the Court shall “issue a cost decision in accordance with Part 1, Chapter 5” in case a withdrawal is permitted. This…
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Court of Appeal, July 3, 2025, revocation action, UPC_CoA_178/2025
Separate court fees are required for appeals in revocation actions and counterclaims for revocation: Revocation actions and counterclaims for revocation are treated as separate actions, even if jointly decided in a single document by the Court of First Instance. Each action requires its own appeal fee. Withdrawal of actions is permitted before a final decision:…
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LD Düsseldorf, June 30, 2025, order on reimbursement of Court fees, UPC_CFI_504/2023
Oral procedure is closed in the meaning of Rule 370.9 (c) RoP with the closure of the oral hearing.: Rules 111 to 119 RoP do not include a definition of the closure of oral procedure. However, it follows from Rule 111 (b) RoP, which stipulates that the Presiding Judge shall “ensure that the action is…
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LD Munich, January 23, 2025, order regarding cost and confidentiality, UPC_CFI_815/2024
Restrictions on confidential information apply to third parties and the public: The Court referred to a previous order from the Central Division Paris in UPC_CFI_367/2023. It indicated that Meril would have unlimited access to the costs application, while restrictions on confidential information would apply to third parties and the public. Division Local Division Munich UPC…
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RD Nordic-Baltic, January 21, 2025, procedural order on costs for access to pleadings and evidence, UPC_CFI_380/2023
Key takeaway A member of the public does not bear the costs of a request for access to written pleadings and evidence: There is no legal basis for ordering a member of the public, who has made a request for access to written pleadings and evidence, to reimburse legal costs incurred by the parties to…
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LD Munich, January 10, 2025, order in cost reimbursment procedure, UPC_CFI_249/2023
No interest is added to reimbursable costs of procedures and disbursements in cost reimbursment proceedings: Contrary to German case law there is no interest to be added to reimbursable costs of procedures and disbursments in cost reimbursment proceedings. There is no legal basis for such interest in Rule 151 RoP. Whereas Rules 125 and 131…
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CD Milan, December 23, 2024, procedural order, UPC_CFI_ 380/2024
Criteria for intervention (Rule 313 RoP): An intervener must demonstrate a legally qualified interest, not merely a factual one. This interest must be connected to the legal relationship in litigation and entail potential harm to the intervener’s rights if the original party loses the case. Decision on costs of an application to intervene (Rule 150…
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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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LD Vienna, 13 September 2023, order on request for preliminary measures, UPC_CFI_182/2023
PI request is an “action” pursuant to Rule 5.6 RoP: An application for a provisional measure or an injunction is an “action” pursuant to Rules 5 and 5A of the Rules of Procedure (RoP) of the Unified Patent Court. This follows, in particular, from the wording of Art. 32(1) (c) UPCA, which uses the term…
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LD Milan, Decision of September 11, 2023, UPC_CFI_57/2023
No decision on costs if parties agree to waiver of action and do not seek cost reimbursement: If Defendant agrees to a withdrawal of an action under Rule 265 RoP and does not seek reimbursement of costs, no decision on litigation costs is necessary since under Rule 151 RoP, such an order is issued only…
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