Key takeaways
Appeals concerning revocation counterclaims incur first-instance fees plus 10% under R. 228 and R. 370.5(a) RoP, subject to a pre-increase cap.
- Under Rule 228 and Rule 370.5(a) RoP, the fee for appealing a revocation counterclaim under Rule 220.1(a) RoP equals the first-instance counterclaim fee increased by 10%. This fee mirrors the infringement fee based on the value in dispute.
- The statutory fee cap of EUR 26,500 applies to the first-instance base fee before adding the 10% appellate surcharge, resulting in a maximum appellate fee of EUR 29,150.
Court fees are calculated strictly based on the first-instance valuation; parties cannot unilaterally alter the dispute value under R. 370.5 RoP.
- Parties have no procedural discretion to unilaterally assess or lower the value in dispute to reduce payable court fees. Any challenge to the first-instance valuation must be formally raised within the statement of grounds of appeal.
Duplicate fee payments caused by erroneous filings are reconciled against statutory liability, allowing full refund of procedural fees but only partial appeal fee reimbursement.
- Where the appellant mistakenly uploaded submissions under the wrong docket and re-filed under a new docket, standalone fees paid twice for a single re-establishment application under Rule 320.1 RoP are fully refunded.
- For appeal fees under Rule 220.1(a) RoP, earlier payments are set off against statutory fee deficiencies in subsequent filings, granting reimbursement only for the net overpayment rather than the full initial payment.
Division
Court of Appeal, Luxembourg
UPC number
UPC-CoA-140/2026 (relating to UPC-CoA-55/2026, UPC_CFI_180/2025, and UPC_CFI_210/2025)
Type of proceedings
Procedural order on court fees (Rule 370.5 RoP) and application for reimbursement of court fees in appeal proceedings
Parties
Appellants / Re-establishment Applicants / Reimbursement Applicants (Defendants and Counterclaimants in first instance):
- NVIDIA Corporation
- NVIDIA GmbH
vs.
Respondents (Claimants and Defendants to the counterclaim in first instance):
- BF exaQC AG
- ParTec AG
Patent(s)
EP 3 743 812
Jurisdictions
UPC
Body of legislation / Rules
Rule 26 RoP
Rule 220.1(a) RoP
Rule 228 RoP
Rule 320.1 RoP
Rule 370.5(a) RoP
Part 6 RoP (Table of Court Fees)
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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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