UPC CFI 1110/2025
—·EP3926698: LIGHT EMITTING DIODE
- Case details
- Status—ActionApplication for costsCategoryCosts Assessments
- Parties
- ClaimantsReps: Bolko Ehlgen (Linklaters LLP); Julia Schönbohm (Linklaters LLP); Dipl.-Phys. Olaf Isfort (Schneiders & Behrendt)RespondentsReps: Dirk Jestaedt (Krieger Mes & Graf von der Groeben Partnerschaft mbB); Bernhard Ganahl (HGF Europe LLP)
- Division
- —
- Judges
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- Technology
- Semiconductor Devices
- Language
- —
- First decided
- Apr 10, 2026
- 2026-04-10Costs onlyCostsApplication For Costs
The court partly granted the defendants' application for a costs order following the appeal court's reversal of the first-instance judgment and its award of costs to the defendants. The claimant was ordered to repay previously reimbursed first-instance costs (31,982.85 EUR each to defendants 1 and 2 for the infringement action, and 51,112.73 EUR to defendant 2 for the nullity counterclaim), pay first-instance costs of 111,353.33 EUR, and pay appeal costs of 61,019.47 EUR; the request for a higher appeal costs figure based on the first-instance agreement was rejected.
Legal issues:Recoverability of costs already paid under a first-instance costs order that is subsequently invalidated by an appeal decision amending the underlying costs liability ruling (R. 151 RoP)Scope of a first-instance cost-sharing agreement: whether it extends to appeal proceedingsAssessment of reasonable and proportionate representation costs under Art. 69 UPCA and R. 152 RoPRecoverability of travel and accommodation costs with supporting evidence
- Entscheidung%20Kostenfestsetzungsantrag_signed%20%281%29.pdf2026-04-10DE
Amounts already reimbursed by defendants under the original first-instance costs decision are recoverable in the post-appeal costs proceedings, because the appeal court's reversal of the costs liability ruling deprived the original costs decision of its legal basis.
RespondentLegal basis: R. 151 RoP; Art. 69 UPCAThe parties' first-instance agreement to recognise 100,000 EUR as recoverable representation costs (split 50/50 between the infringement action and the nullity counterclaim) governs first-instance costs and the defendants are entitled to rely on it.
RespondentLegal basis: First-instance oral hearing agreement; R. 152 RoPActual appeal-instance representation costs of 59,975.95 EUR (attorneys' fees) are reasonable, proportionate, and below the reimbursement ceiling, so they should be awarded in full.
RespondentLegal basis: Art. 69 UPCA; R. 152 RoPTravel and accommodation costs of 353.33 EUR for the first instance are reasonable and supported by documentary evidence.
RespondentLegal basis: R. 151 RoP
The first-instance cost-sharing agreement should also apply to the appeal proceedings, entitling defendants to 122,000 EUR for appeal costs.
RespondentLegal basis: First-instance oral hearing agreementRepayment of costs already reimbursed under the original costs decision cannot be claimed via a costs application.
ClaimantLegal basis: Art. 69 UPCA; R. 151 RoP