Topics: R. 370.9 RoP
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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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Court of Appeal, May 23, 2025, Order, UPC_CoA_7/2025
Withdrawal of appeal permitted where both parties consent and no legitimate interest remains (Rule 265.1 RoP).: The Court of Appeal allowed the claimant to withdraw the appeal after the respondent consented, as neither party had a legitimate interest in continuing the proceedings. 40% reimbursement of court fees granted for withdrawal before closure of interim procedure…
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CoA, May 28, 2025, Order, UPC_CoA_808/2024
Reimbursement of fees: no extension of written procedure by opportunity for further written submissions.: In appeal proceedings (without cross-appeal), the written procedure ends with the submission of the statement of response by the respondent pursuant to R 235, R 239.1 RoP. The written procedure is not extended if the parties are allowed to file further…
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LD Mannheim, May 28, 2025, Order, UPC_CFI_410/2023
No reimbursement of court fees after withdrawal on the eve of the pronouncement of the decision on the merrits.: Assuming an exceptional case pursuant to R 370.9 (e) RoP, the court denies the reimbursement of court fees. The court points out that at the time of withdrawal, the decision was fully drafted and signed and…
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LD Milan, April 7, 2025, Order concerning R. 263 and R. 265 RoP, UPC_CFI_472/2024
Rule 263(3) RoP allows for unconditional limitation of claims, covering both the relief sought and the cause of action.: Rule 263(3) RoP applies if a patentee asserts a plurality of patents and then renounces one of them. Therefore, Rule 265 RoP concerning the case in which theClaimant withdraws the action – all its claims –…
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LD Munich, February 25, 2025, Reimbursement of Court fees, UPC_CFI_208/2023, UPC_CFI_220/2024, UPC_CFI_221/2024
Reimbursement of Court fees should be proportionate to efforts already made by the Court : The purpose of R. 370.9 (b) and (e) RoP on reimbursement of fees in case of a withdrawal of an action is to ensure that the reimbursement is proportionate to the efforts already made by the Court. A complex patent…
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CD Munich, 23 July, 2023, Order on conclusion of a revocation action by way of settlement, UPC 75/2023, UPC 80/2023
Conclusion of an action by way of settlement without a request according to R. 365.1 RoP possible: The parties may at any time conclude their action by way of settlement which “shall” be confirmed by a decision of the Court, Art. 79 UPCA. R. 365 RoP clarifies that the Court shall confirm the settlement only…
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