Topics: R. 152 RoP
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Court of Appeal, March 3, 2026, order on a R.265 RoP application and determination of value in dispute, UPC_CoA_887/2025
A claimant can withdraw an action for provisional measures even during a pending appeal, with the defendant’s consent, closing proceedings at both instances (R. 265.1, R. 265.2 RoP).: The Court permitted the withdrawal requested by the claimant and consented to by the defendant, as no final decision had been made. Upon withdrawal of an action,…
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LD Düsseldorf, January 29, 2026, Decision, UPC_CFI_571/2024
In bifurcated cases, a Local Division is bound by a Central Division’s decision amending patent claims, which then forms the basis for its infringement analysis: In a bifurcated setup, the Local Division hearing infringement cannot ignore amendments made by the Central Division in parallel revocation proceedings. Once the Milan Central Division amended EP 3 756…
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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…
5 min Reading time→
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