ARTICLE
23 January 2025

CoA, January 15, 2025 Order Concerning The Need To Adjudicate UPC_CoA_584-2024

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Bardehle Pagenberg

Contributor

BARDEHLE PAGENBERG combines the expertise of attorneys-at-law and patent attorneys. As one of the largest IP firms in Europe, BARDEHLE PAGENBERG advises in all fields of Intellectual Property, including all procedures before the patent and trademark offices as well as litigation before the courts through all instances.
R.360 RoP applies not only when the action itself has become devoid of purpose, but also when the appeal has become devoid of purpose. According to R.360 RoP the Court may at any time, on the application.
Germany Intellectual Property

1. Key takeaways

R.360 RoP applies not only when the action itself has become devoid of purpose, but also when the appeal has become devoid of purpose.

R.360 RoP applies not only when the action itself has become devoid of purpose, but also when the appeal has become devoid of purpose. If the appellant has no legal interest in bringing appeal proceedings anymore, there is no reason to adjudicate on it. This means the appeal has become devoid of purpose in the meaning of R.360 RoP.

No cost reimbursment in case of R.360 order

No decision on the reimbursement of legal costs will be made in a R.360 order since such an order is not a final order or decision concluding an action (see Court of Appeal, order 16 September 2024 – ICPillar v. SVF Holdco, ORD_50692/2024, APL_33746/2024, UPC CoA 301/2024, par. 41)

2. Division

Court of Appeals Luxemburg

3. UPC number

UPC_CoA_584/2024

4. Type of proceedings

Infringement Proceedings

5. Parties

Appellant: EOFlow Co., Ltd.

Respondent: Insulet Corporation

6. Patent(s)

EP 4 201 327

7. Body of legislation / Rules

Rule 360 RoP

UPC_CoA_584-2024-CoA-2025-01-09 Download

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.

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