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UPC CoA 94/2026

Jun 12, 2026·EP2352431: METHOD AND SYSTEM FOR CONTROLLING X-RAY FOCAL SPOT CHARACTERISTICS FOR TOMOSYNTHESIS AND MAMMOGRAPHY IMAGING

Case details
Status
Written Phase
Action
Appeal
Category
Main Appeal
Parties
Respondents
Reps: Thure Schubert (Vossius & Partner)
Division
Court of Appeal
Judges
Technology
Electric Techniques
Language
English
First decided
Jul 17, 2026
Decisions
  • 2026-07-17
    Appeal decisionAppeal

    The Court of Appeal permitted the withdrawal of the Appellants' (Siemens Healthineers group) application for suspensive effect in the counterclaim-for-revocation appeal proceedings UPC-CoA-94/2026, which had been filed accidentally. The Court also ordered reimbursement of 50% of the court fees of EUR 1,300 (i.e., EUR 650) pursuant to R. 370.9(b) RoP, rejecting the request for full reimbursement.

    Legal issues:R. 265 RoP — withdrawal of application for suspensive effectR. 370.9(b) RoP — reimbursement of court fees upon withdrawal (50%)Whether accidental filing can justify full reimbursement of court fees beyond R. 370.9(b)
Documents
Document titleDatePublic
action.publishOrderDecision.order2026-07-17Not public
action.issueOrder.order2026-07-17Not public
Order2026-07-17Public
Receipt2026-07-03Not public
Cover sheet2026-07-03Not public
Submission Respondent2026-07-03Not public
action.issueOrder.order2026-06-24Not public
Order2026-06-24Public
action.communication.general2026-06-24Not public
Other Documents2026-06-24Not public
Receipt2026-06-22Not public
Cover sheet2026-06-22Not public
Exhibit Appellant2026-06-22Not public
Application Appellant2026-06-22Not public
action.communication.general2026-06-19Not public
Receipt2026-06-19Not public
Cover sheet2026-06-19Not public
Fee2026-06-19Not public
Proof of payment2026-06-19Not public
Application Appellant2026-06-19Not public
Application Appellant2026-06-19Not public
action.publishOrderDecision.case2026-06-16Not public
Receipt2026-06-12Not public
Cover sheet2026-06-12Not public
Other document Appellant2026-06-12Not public
Statement of Appeal2026-06-12Not public
Accepted arguments
What the court agreed with — by party.

  • Withdrawal of the application for suspensive effect is permitted under R. 265.1 RoP (applied mutatis mutandis) as no final decision has been issued and the respondent has no interest in a decision being made

    ClaimantLegal basis: R. 265.1 RoP

  • Appellants are entitled to reimbursement of 50% of court fees (EUR 650) upon withdrawal before closure of the written procedure

    ClaimantLegal basis: R. 370.9(b) RoP
Rejected arguments
What the court did not agree with — and why.

  • The application for suspensive effect was filed accidentally and therefore the full court fees of EUR 1,300 should be reimbursed

    ClaimantLegal basis: R. 370.9 RoP