Topics: R. 370 RoP
-
LD Milan, September 5, 2025, Confirmation of settlement, UPC_CFI_202/2025
No Reimbursement of Court Fees Following Settlement in Provisional Measures Proceedings: The LD Milan aligns with the LD Mannheim (see UPC CFI no. 500/2025, order of 28 August 2025, LD Mannheim) in holding that reimbursement of court fees is not granted following a settlement in proceedings for provisional measures, irrespective of the stage the proceedings…
2 min Reading time→ -
LD Munich, July 16, 2025, Order concerning an application for compensation
Withdrawal of Actions: Parties may withdraw actions and counterclaims before a final decision if there’s no legitimate interest in continuing according to R. 265.1 RoP, as is the case with settlements.In this case, both the claimant and the defendant withdrew their respective action and counterclaim after reaching a settlement. Withdrawal of Compensation Applications: Applications for…
3 min Reading time→ -
Contact us personally!
Tips and advice directly from our Unitary Patents professionals.
-
LD Düsseldorf, March 21, 2025, UPC_CFI_76/2024, order on withdrawal of complaint, UPC_CFI_76/2024
Cost reimbursement in case of withdrawal of infringement action and counterclaim for revocation : If the infringement action and the counterclaim for revocation are withdrawn by the parties, 60% of the court fees can be reimbursed Division Local Division Düsseldorf UPC number UPC_CFI_76/2024 Type of proceedings Infringement action, counterclaim for revocation Parties Claimant: Hand Held…
1 min Reading time→ -
LD Milan, 6 June 2024, Procedural Order of the Court of First Instance, UPC_CFI_241/2023
Request for information regarding distribution channels: Showing a product at a trade fair in the territory covered by the patent does not automatically create evidence of market entry – burden of proof is with the claimant. A claimant’s request for declaration of defendant’s chain of sale/resale is not justified in case that defendant confirms that…
2 min Reading time→ -
Nordic-Baltic Regional Division, 8 September 2023, UPC_ CFI_11/2023
If an infringement action is withdrawn before the Statement of Claim is served on defendants, this is a withdrawal before the closure of the written procedure in the meaning of R. 370.9 RoP. Consequently, 60% of the court fees will regularly be reimbursed upon reasoned application.: Interestingly, the Regional Division did not comment on how…
3 min Reading time→
Stay in the loop
Never miss a beat by subscribing to the email newsletter. Please see our Privacy Policy.