UPC APP 516/2025
—·EP2197132: RADIO COMMUNICATION DEVICE AND RESPONSE SIGNAL SPREADING METHOD
- Case details
- Status—ActionProcedural applicationCategoryCase Management Orders
- Parties
- RespondentsReps: Tobias J. Hessel
- Division
- Munich LD
- Judges
- Matthias Zigann · Presiding judge
- Andras Kupecz · Legally qualified judge
- Tobias Pichlmaier · Legally qualified judge
- Technology
- Telecommunications
- Language
- —
- First decided
- Feb 25, 2025
- 2025-02-25SettledApplication Rop 333
Munich Local Division order reviewing (under R. 333 RoP) an earlier order that granted only 40% court fee reimbursement following the parties' settlement and mutual withdrawal of infringement action and revocation counterclaims. The parties had agreed on settlement in late 2024 after intensive proceedings in a complex SEP case (OPPO vs Panasonic re EP 2 197 132). The claimant challenged the 40% reimbursement, arguing that 60% should apply, contending the case qualified as exceptional under R. 370.9(e) RoP given the extraordinary amount of work the court had performed (far above average). The order addresses what constitutes an 'exceptional case' permitting reduction of the standard fee refund schedule.
Legal issues:Court fee reimbursement on withdrawal (R. 370.9 RoP)Exceptional case reducing fee refund (R. 370.9(e) RoP)Review of judge-rapporteur order (R. 333 RoP)Settlement after intensive complex SEP proceedings
- D48515A3A7B00B075446776B7B17B2BF_de.pdf2025-02-25GERMAN