1. Key takeaways
Demonstrating status as a micro-enterprise
The Court of Appeal denied the request to waive the order to pay the regular court fee plus an additional fee of 50 % of the regular fee. The Appellant argued initially to be a micro-enterprise; then corrected its status to small enterprise. The Appellant failed to provide documentary evidence regarding its status, even despite having been ordered to do so by the Court.
Admissibility of an application for legal aid
The Court of Appeal denied the application for legal aid as inadmissible since it was lacking a statement regarding the economic and financial situation of the applicant.
Decision by default due to failure to pay court fees
The Appellant's failure to pay the required court fees led to the Court granting the Respondent's request for a decision by default. As the unsuccessful party, the Appellant is required to bear the costs of the appeal proceedings.
2. Division
Court of Appeal
3. UPC number
UPC_CoA_490/2024
4. Type of proceedings
appeal against an order of provisional measures
5. Parties
Appellant (and Defendant before the Court of First Instance): anonymized
Respondent (and Claimant before the Court of First Instance): Amycel LLC, California, U.S.A.
6. Patent(s)
EP 1 993 350
7. Body of legislation / Rules
Rules 172.2, 355, 355.1(a), 357.3, 370.8, 378A, 378A.1(a)-(d) RoP
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