Topics: R. 370.9 RoP
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Court of Appeal, July 17, 2026, Order, UPC-CoA-94/2026
An application for suspensive effect can be withdrawn pursuant to R. 265.1 RoP, applied mutatis mutandis, if no final decision has been issued and the opposing party consents, thereby demonstrating that the opposing party has no interest in a decision being made: The CFI found the patent-in-suit to be infringend and dismissed the Counterclaim for…
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Court of Appeal, July 17, 2026, UPC_CoA_360/2025, Decision
The right to a court fee refund upon withdrawal is governed by the rules in force on the date of the withdrawal request, not the filing date of the action (R. 370.9 RoP): The Court held that the triggering event for a refund claim is the withdrawal itself. Therefore, amendments to R. 370.9 RoP apply…
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LD Hamburg, March 24, 2026, Procedural Order, UPC_CFI_1049/2025
The applicable version of the RoP is determined by the filing date of the action, not by the date of subsequent procedural steps (Art. 5 of the Administrative Committee’s decision of 4 November 2025): According to Art. 5 of the Administrative Committee’s decision of 4 November 2025, the revised rules re. the Table of Court…
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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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