ARTICLE
16 April 2025

LD Lisbon, April 4, 2025, Cost Decision In PI Proceedings, UPC_CFI_697/2024

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.
A decision on costs is possible following an order rejecting an application for a preliminary injunction (PI), although the strict wording of R. 150 et seq.
Portugal Intellectual Property

Key takeaways

Cost decision following an order rejecting a preliminary injunction

A decision on costs is possible following an order rejecting an application for a preliminary injunction (PI), although the strict wording of R. 150 et seq. RoP provide for a decision on costs only following a decision on the merits. Art. 69 (1-3) UPCA provides for all proceedings that the successful party may recover its reasonable and proportionate legal costs and other expenses from the unsuccessful party. Art. 69 (1-3) UPCA is not limited to proceedings on the merits. If an order rejecting a PI becomes final and proceedings on the merits are not commenced, to fulfil the objectives of Art. 69 (1-3) UPCA, an application of R. 150 and 151 RoP is justified. This is also the case, if proceedings on the merits are commenced but the grounds for rejecting the PI are not subject of proceedings on the merits (e.g. lack of urgency).

Division

LD Lisbon

UPC number

UPC_CFI_697/2024, ORD_68336/2024

Type of proceedings

Application for provisional measures, request for cost decision pursuant to R. 150 RoP

Parties

Applicant (in PI proceedings):
Telefonaktiebolaget LM Ericsson

Defendants (in PI proceedings):

1. Asustek Computer, Inc.

2. Arvato Netherlands B.V.

3. Digital River Ireland Ltd.

Patent(s)

EP 2 819 131 B1

Body of legislation / Rules

Art. 62 UPCA, Art. 69 UPCA, Rule 150 RoP, Rule 151 RoP, Rule 211 RoP

LD_Lisbon_UPC_CFI_697_2024 Download

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