1. Key takeaways
Withdrawal of appeal permitted where both parties consent and no legitimate interest remains (Rule 265.1 RoP).
The Court of Appeal allowed the claimant to withdraw the appeal after the respondent consented, as neither party had a legitimate interest in continuing the proceedings.
40% reimbursement of court fees granted for withdrawal before closure of interim procedure (Rule 370.9(b)(ii) RoP).
The claimant was awarded a 40% reimbursement of appeal court fees, as the withdrawal occurred after the Statement of Response but before the closure of the interim procedure.
Each party bears its own costs following withdrawal by mutual agreement (Rule 265.2(c) RoP).
Upon withdrawal, the Court ordered that each party should bear its own costs for the appeal, reflecting the parties' agreement and the applicable procedural rules.
2. Division
Court of Appeal, Panel 2
3. UPC number
UPC_CoA_7/2025, APL_322/2025, App_23301/2025
4. Type of proceedings
Appeal proceedings following a revocation action
5. Parties
Appellant (and Claimant before the Court of First Instance):
NJOY Netherlands B.V., Amsterdam, The Netherlands
Respondent (and Defendant before the Court of First Instance): Juul
Labs International Inc., San Francisco, USA
6. Patent(s)
EP 3 504 991
7. Jurisdictions
UPC
8. Body of legislation / Rules
Rule 265 RoP, Rule 265.1 RoP, Rule 265.2(c) RoP,
Rule 370.9(b)(ii) 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.
