1. Key takeaways
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 compensation under R. 213.2 RoP are treated
like actions and can be withdrawn under the same conditions as
other actions according to R. 265 RoP.
Similar to the main action and the counterclaim, the defendants
also withdrew their application for compensation after the
settlement.
Partial Reimbursement of Fees
The court can deviate from the standard fee reimbursement scale
in exceptional cases, such as when the proceedings have been
particularly intensive according to R. 370.9 (e) RoP.
Due to the high number of applications filed and the resulting
workload for the court, only 40% of the fees were reimbursed for
the infringement action and counterclaim.
Fees for Compensation Applications
Applications for compensation under Rule 213.2 RoP are subject
to court fees, payable by the applicant.
The court rejected the defendants' argument that no fees are
due for such applications, clarifying that the UPC operates on a
fee-based system.
Notably, the term "damages" in Rule 132 RoP, concerning
fees, includes compensation sought under Rule 213.2 RoP. This
clarifies that the existing fee structure applies to compensation
applications.
2. Division
LD Munich, Panel 1
3. UPC number
UPC CFI 2/2023; UPC CFI 298/2023
4. Type of proceedings
Infringement action, counterclaim for revocation, application for compensation
5. Parties
Claimants: 10x Genomics, Inc., President and Fellows of Harvard College
Defendants: Bruker Spatial Biology, Inc., Luxendo GmbH, Bruker Nederland B.V.
6. Patent
EP 4 108 782
7. Body of legislation / Rules
Rule 265 RoP, Rule 213.2 RoP, Rule 370 RoP, Rule 125 RoP, Rule 126 RoP, Rule 132 RoP
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
