2025-07-27 - CD Paris - Seoul Viosys v. Photon Wave - UPC_CFI_101/2025
- Aktenzeichen:
- UPC_CFI_101/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Paris (FR) Central Division - Seat
- Art:
- Order
- Parteien:
- Seoul Viosys v. Photon Wave
Kernaussage: 1.
2025-07-27 - CD Paris - Seoul Viosys
v.
Photon Wave - UPC_CFI_101/2025
1. An application for a cost decision according to R. 150 RoP regarding a preliminary objection is admissible when as result of the preliminary objection, a Division of the Unified Patent Court declines jurisdiction and refers the case to another Division.
2. In such a case of a separate cost decision, the ceiling for recoverable costs is significantly lower than the ceiling for recoverable costs of the full proceeding.
The Paris Central Division, represented by the JR, issued a cost decision regarding a preliminary objection that lead to a referral of the revocation action to a local division. The Court stated that an application for a cost decision was admissible in this constellation but the ceiling for recoverable costs would be much lower (25%) than it would be for the full proceedings. In its cost decision, the Court reiterated the legal standard for cost reimbursement and further stated that costs for an additional expert would not to be reimbursed as the representatives could have dealt with the legal issue of the Court's jurisdiction themselves.
Stichwörter
ceiling for recoverable costs, preliminary objection, application for a cost decision