UPC CoA 290/2024

The Court of Appeal dismissed Stäubli's appeal against the Paris Central Division's cost order in a revocation action in which the patent holders surrendered their patent after proceedings commenced. The Court upheld an equitable exception to the general rule (Art. 69(1) UPCA) that the unsuccessful party bears costs: where a claimant files a revocation action without the patent holder giving cause, and the patent holder surrenders the patent immediately at the outset and concurrently files a revocation request with the EPO under Art. 105a EPC, the claimant may bear the costs. The Court applied equity because the patent holders had announced timely surrender and completed formalities only 8 days late without causing extra costs.

The Court of Appeal issued an order on costs distribution after a patent revocation action became moot because the patent holder surrendered the patent; the Court established that an exception to the loser-pays rule applies where the patent owner surrendered immediately at the outset of proceedings without prior provocation.