ARTICLE
30 July 2025

Court Of Appeal, July 22, 2025, Decision On Withdrawal Of Cost Assessment Application, UPC_CoA_845/2024

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.
The Court of Appeal clarified that the Court of First Instance has exclusive jurisdiction over cost assessment applications.
Germany Intellectual Property

1. Key takeaways

Jurisdiction for Cost Assessment

The Court of Appeal clarified that the Court of First Instance has exclusive jurisdiction over cost assessment applications.

The applicant had mistakenly filed the application with the Court of Appeal instead of the competent Local Division.

The Court of Appeal allowed the applicant for cost assessment to withdraw their application without a hearing of the respondent to the cost assessment application.

2. Division

Court of Appeal

3. UPC number

UPC_CoA_845/2024

4. Type of proceedings

Appeal proceedings concerning a cost assessment application.

5. Parties

Applicant for cost assessment and Respondent in the appeal: Koninklijke Philips N.V.

Respondents to the cost assessment application and Appellants in the appeal: Belkin International, Inc., Belkin GmbH, and Belkin Limited

6. Patent(s)

EP 2867997

7. Jurisdictions

UPC

8. Body of legislation / Rules

R. 151 RoP

R. 265 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.

Mondaq uses cookies on this website. By using our website you agree to our use of cookies as set out in our Privacy Policy.

Learn More