UPC CoA 290/2024

At the UPC: STÄUBLI TEC-SYSTEMS GMBH (5 cases)

• 2025-03-26
  Appeal RoP220.1Public

  Summary: 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.

  Show the legal issues (3)

  • Costs allocation after patent surrender in revocation action (Art. 69(1) UPCA)
  • Exception for costs where patent holder surrenders patent at outset
  • Requirement to file Art. 105a EPC request at EPO simultaneously with surrender (R. 360 RoP)