LD Düsseldorf, June 30, 2025, Order On Reimbursement Of Court Fees, UPC_CFI_504/2023

1. Key takeaways

Oral procedure is closed in the meaning of Rule 370.9 (c) RoP with the closure of the oral hearing.

Rules 111 to 119 RoP do not include a definition of the closure of oral procedure. However, it follows from Rule 111 (b) RoP, which stipulates that the Presiding Judge shall "ensure that the action is ready for decision on the merits at the end of the oral hearing" that the oral procedure is closed with the end of the oral hearing.

Therefore, in case of a settlement after the oral hearing but before the decision on the merits, there is no reimbursement of Court fees pursuant to Rule 370.9 (c) RoP.

2. Division

Local Division Düsseldorf

3. UPC number

UPC_CFI_504/2023

App_29093/2025, App_30136/2025 and App_31181/2025 re. ACT_597323/2023, CC_20972/2024 and CC_21542/2024

4. Type of proceedings

Procedural order re. cost reimbursement

5. Parties

CLAIMANTS:

1. F. Hoffmann-La Roche AG (Basel, Switzerland)
2. Roche Diabetes Care GmbH (Mannheim, Germany)

DEFENDANTS:

1. Tandem Diabetes Care, Inc. (San Diego, United States)
2. Tandem Diabetes Care Europe B.V. (Schiphol, Netherlands)
3. VitalAire GmbH (Norderstedt, Germany)
4. Dinno Santé s.a.i. (Bussy-Saint-Georges, France)
5. Air Liquide Healthcare Nederland B.V. (Lelystad, Netherlands)
6. Rubin Medical ApS (Hvidovre, Denmark)

6. Patent(s)

EP 1 970 677 B1

7. Body of legislation / Rules

Rule 370.9 (c) RoP

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