UPC CoA 140/2026

At the UPC: NVIDIA GmbH (9 cases)·BF exaQC AG (13 cases)

• 2026-09-29
  AppealPublic

  Summary: Court of Appeal order on court fees in NVIDIA's conditional appeal against the Munich LD revocation-counterclaim decision (UPC_CFI_210/2025), filed first by mistake under UPC-CoA-55/2026 and then under UPC-CoA-140/2026: the fee due is EUR 27,720 (the first-instance counterclaim fee for a EUR 1.5m infringement value, plus 10%), so the Registry is to refund NVIDIA EUR 2,940 overpaid on the appeal and EUR 460 paid twice for the R. 320 re-establishment application.

  Show the legal issues (3)

  • Court fee for an appeal concerning a revocation counterclaim (R. 228, R. 370.5 RoP): the first-instance counterclaim fee at the time of appeal plus 10%
  • Fees follow the value in dispute fixed at first instance; a party cannot set it unilaterally
  • Refund of a double-paid fee after an appeal filed under the wrong workstream number
• 2026-09-28
  AppealPublic

  Summary: The Court of Appeal granted NVIDIA re-establishment of rights (R. 320 RoP) to appeal the Munich LD decision of 11 March 2026 not deciding its conditional revocation counterclaim (UPC_CFI_210/2025), following the Emboline v AorticLab clarification of 16 July 2026, declared the conditional appeal admissible and set the Statement of response deadline at one month. No costs decision.

  Show the legal issues (2)

  • Re-establishment of rights (R. 320 RoP) for a conditional revocation counterclaimant's appeal
  • Admissibility of a conditional appeal against a decision not to decide the counterclaim