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UPC CoA 178/2025
Feb 26, 2025·EP4074373: MRI-SAFE DISK MAGNET FOR IMPLANTS
- Case details
- StatusCase ClosedActionAppealCategoryMain Appeal
- Parties
- Division
- Court of Appeal
- Technology
- Pharmaceutical & Medical
- Language
- German
- First decided
- Jul 3, 2025
Decisions
- 2025-07-03WithdrawnApplication Rop 265
The Court of Appeal permitted the withdrawal by Advanced Bionics AG of both its revocation action and the counterclaim for revocation against MED-EL, with both parties' consent, declared the proceedings closed, and ordered 60% reimbursement of court fees to each side.
Legal issues:Withdrawal of revocation action (R. 265 RoP)Court fees for separate revocation action and counterclaim for revocationReimbursement of appeal court fees - 2025-07-03WithdrawnApplication Rop 265
The Court of Appeal ruled on Advanced Bionics' withdrawal of two appeals, holding that separate court fees are required for appeals against revocation decisions and counterclaim for revocation decisions even when issued in a single document by the Court of First Instance.
Legal issues:Withdrawal of appealCourt fees for appealRevocation vs counterclaim for revocationArt. 32(1) UPCA
Documents
| Document title | Date | Public |
|---|---|---|
| action.phaseChange.caseClose | 2025-10-24 | Not public |
| Headnote-and-Keywords | 2025-07-03 | Not public |
| Outcome of the Order | 2025-07-03 | Not public |
| Decision withdrawal | 2025-07-03 | Public |
| ACT_576555_2023-CC15513_2024_2025_12_06_M35698-ST-NIWI | 2025-06-12 | Not public |
| Preliminary order withdrawal | 2025-06-03 | Not public |
| Receipt | 2025-06-02 | Not public |
| Withdrawal AB | 2025-06-02 | Not public |
| Acknowledgement-of-lodging | 2025-04-29 | Not public |
| Acknowledgement-of-lodging | 2025-04-29 | Not public |
| 2025-04-28 Grounds of Appeal Advanced Bionics | 2025-04-29 | Not public |
| Exhibit KAP D 30 - EN | 2025-04-29 | Not public |
| Exhibit KAP D 32 - EN | 2025-04-29 | Not public |
| Exhibit KAP D 28 - EN | 2025-04-29 | Not public |
| Exhibit KAP D 31 - EN | 2025-04-29 | Not public |
| Exhibit KAP D 27 - EN | 2025-04-29 | Not public |
| Exhibit KAP D 29 - EN | 2025-04-29 | Not public |
| Panel-Appointment | 2025-04-02 | Not public |
| Receipt | 2025-04-02 | Not public |
| Acknowledgement-of-lodging | 2025-04-02 | Not public |
| Formal-checks_Notification-of-positive-outcome | 2025-04-02 | Not public |
| 2025-02-26 payment court fees 8890_2025 | 2025-04-02 | Not public |
| 2025-02-26 Appeal Advanced Bionics_signed.pdf | 2025-04-02 | Not public |
| 2025-04-02 Correction AB of formal deficiencies 9720-2025_signed.pdf | 2025-04-02 | Not public |
| Formal-checks_Request-for-correction | 2025-03-21 | Not public |
| Acknowledgement-of-lodging | 2025-02-26 | Not public |
| 2025-02-26 Appeal Advanced Bionics_signed.pdf | 2025-02-26 | Not public |
| 2025-02-26 payment court fees 8890_2025 | 2025-02-26 | Not public |