ARTICLE
23 January 2025

LD Munich, January 10, 2025, Order In Cost Reimbursment Procedure, UPC_CFI_249/2023

BP
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.
Contrary to German case law there is no interest to be added to reimbursable costs of procedures and disbursments in cost reimbursment proceedings.
Germany Intellectual Property

1. Key takeaways

No interest is added to reimbursable costs of procedures and disbursements in cost reimbursment proceedings

Contrary to German case law there is no interest to be added to reimbursable costs of procedures and disbursments in cost reimbursment proceedings. There is no legal basis for such interest in Rule 151 RoP.

Whereas Rules 125 and 131 RoP, which regulate the amount of damages and compensation, also consider an interest in such amount, there is no such regulation for reimbursable costs of procedures and disbursements in cost reimbursment proceedings. There is also no regulatory gap in this respect.

2. Division

LD Munich

3. UPC number

UPC_CFI_249/2023

4. Type of proceedings

Cost reimbursment proceedings

5. Parties

Applicant:

Edwards Lifesciences Corporation

Respondents:

Meril GmbH

Meril Life Sciences Pvt Ltd.

6. Body of legislation / Rules

R.151 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.

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