UPClytics
View all cases

UPC CFI 216/2024

May 8, 2024·EP3993602 Unitary patent +1 more · DEVICE AND METHOD FOR HARVESTING TEXTILE HEMP

Case details
Status
Case Closed (Settled)
Action
Infringement
Category
Main infringement action
Parties
Claimants
Representatives
Respondents
Representatives
Patents
Division
Brussels LD
Technology
  • Mechanical engineering
    Other special machines
Language
Dutch
First decided
Oct 7, 2025
EPO Opposition
How this compares
The court's record for this kind of case, counted in first-instance rulings. A figure in brackets is the number of rulings a rate rests on.
Infringement foundMedian days to first decision
All UPC53% (62/117)124
Brussels LDLockedLocked
Judge Samuel GranataLockedLocked
Judge Daniel VossLockedLocked
Judge András KupeczLockedLocked
Judge Bernard LedeboerLockedLocked

At the UPC: Cretes NV (3 cases)·Hyler BV (3 cases)

Related cases
Decisions
  • 2025-10-07
    Infringement ActionPublic

    Summary: The Brussels Local Division confirmed the settlement (dadingsovereenkomst) between Cretes NV and Hyler BV in the infringement action and counterclaim for revocation proceedings, and ordered partial reimbursement of court fees under R. 370(9)(c) and (e) RoP.

    Show the legal issues (2)
    • Settlement confirmation (R. 365(1) RoP)
    • Court fee reimbursement (R. 370(9)(c)(e) RoP)
  • 2024-10-25

    Summary: Brussels Local Division procedural order (full panel: Granata, Kupecz, Voss) in infringement proceedings by Cretes NV against Hyler BV concerning EP 3 993 602 and EP 4 284 152, deciding under R. 37(2) RoP to handle both the infringement action (ACT_25743/2024) and the revocation counterclaim (CC_53420/2024) jointly for reasons of efficiency, consistent with the parties' wishes. The joint treatment ensures uniform patent interpretation by the same panel.

    Show the legal issues (2)
    • Joint handling of infringement and revocation counterclaim (Art. 33(3) UPCA / R. 37(2) RoP)
    • Efficiency and uniform patent interpretation
Document titleDatePublic
Case closed2025-11-26Not public
Publication of decision2025-10-08Not public
Decision2025-10-07Not public
Decision2025-10-07Public
Cover sheet2025-10-06Not public
Receipt2025-10-06Not public
Cover sheet2025-10-06Not public
Other document2025-10-06Not public
Receipt2025-10-06Not public
Interim procedure opened2025-10-01Not public
Coverage: Thin.Reasoning extracted with limited coverage — see decisions tab for full text.
Plain-English summary

Cretes NV (Belgium) brought an infringement action against Hyler BV (Belgium) concerning EP 3 993 602 and EP 4 284 152, patents for a device and method for harvesting textile hemp; Hyler filed a counterclaim for revocation. The Brussels Local Division confirmed the parties' settlement agreement under R. 365(1) RoP and addressed the reimbursement of court fees, applying a pragmatic set-off between fees already paid and outstanding fees owed, with the court invoking both R. 370(9)(c) and R. 370(9)(e) RoP to reach a fair outcome.

Accepted arguments
What the court agreed with — by party.
  • Parties are entitled to reimbursement of court fees after settlement under R. 370(9)(c) RoP, accounting for outstanding unpaid fees

    ClaimantLegal basis: R. 370(9)(c) RoP; R. 365(1) RoP

    Note: Court confirmed settlement and ordered partial reimbursement of court fees already paid, applying a pragmatic approach to set-off outstanding fees against reimbursement.

  • Court has discretion under R. 370(9)(e) RoP to adjust reimbursement in exceptional cases based on stage of proceedings and procedural conduct

    ClaimantLegal basis: R. 370(9)(e) RoP

    Note: Court held that the pragmatic R. 105(5) RoP approach to fees during mediation constituted an exceptional circumstance justifying adjustment of the reimbursement.

Rejected arguments
What the court did not agree with — and why.

No rejected arguments captured.