UPC CoA 520/2024

Order from the Court of Appeal (UPC_CoA_520/2024) on Scandit's application for 20% reimbursement of court fees under R. 370.11 RoP following the withdrawal of Hand Held Products' appeal against a preliminary injunction. The CoA had previously granted a PI at first instance against Scandit for indirect infringement of EP 3 866 051; Hand Held Products later withdrew its application for provisional measures and the appeal proceedings were declared closed. The Court decided on whether the withdrawal before closure of oral proceedings qualified for fee reimbursement.

Application by Scandit AG for 20% reimbursement of court fees following withdrawal of Hand Held Products' provisional measures application was dismissed. The CoA held that the withdrawal of the provisional measures application occurred after the closure of oral proceedings (the oral hearing had already taken place), so the 20% reimbursement threshold under R.370.9(b)(iii) RoP was not met. The provisional measures proceedings had been declared closed after Hand Held withdrew the application.

The Court of Appeal allowed Hand Held Products to withdraw its application for provisional measures (pending appeal) after Scandit consented, terminated the appeal proceedings accordingly, and ordered each party to bear its own costs as no costs request was made by either side.

The Court of Appeal denied Hand Held Products Inc.'s application for court-ordered simultaneous interpretation (German to English) of the oral hearing in the appeal proceedings against Scandit AG, because the application was filed late (less than one month before the hearing) and the conditions of R. 109.1 RoP were not met; the party was free to arrange interpretation at its own cost under R. 109.4 RoP.

Court of Appeal (Judge-Rapporteur) refused Scandit's request for leave to file a reply to Hand Held Products' response to appeal pursuant to R. 36 RoP. The Court held that no further written exchange is provided for under the RoP unless a cross-appeal has been filed, and that the alleged new matter raised in the response to appeal did not justify an exception.

German-language version of the same Court of Appeal procedural order (1 November 2024) refusing Scandit's request for leave to file a reply to Hand Held Products' response to appeal pursuant to R. 36 RoP in the preliminary injunction appeal proceedings.