2026-01-09 - CoA - Juul Labs v. NJOY - UPC_CoA_237/2025, APL_13193/2025
- Aktenzeichen:
- UPC_CoA_237/2025, APL_13193/2025
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Decision
- Parteien:
- Juul Labs International, Inc. v. NJOY Netherlands B.V.
Kernaussage: ENGLISH:
2026-01-09 - CoA - Juul Labs
v.
NJOY - UPC_CoA_237/2025, APL_13193/2025
ENGLISH:
R. 370.9 (b) RoP has been amended from 1 January 2026, providing for reimbursement of court fees with 50 % in case of the withdrawal of an action before the closure of the written procedure instead of, as previously, 60 %. The entry into force provides that amendments shall enter into force on 1 January 2026. The amendments apply only to those actions and applications filed after 31 December 2025.
routine
The CoA permitted Juul Labs's withdrawal of its appeal under R. 265 RoP. NJOY consented, removing any legitimate interest in the action being decided. Juul Labs, as the withdrawing appellant, bears the appeal costs under the general rule established in 10x Genomics v Curio Bioscience. The court ordered 60% refund of appeal court fees under new R. 370.9(b) RoP (post-2026). The Stäubli Tec exception (costs shift where patentee surrenders patent immediately) did not apply as Juul Labs defended the patent in first instance.
Stichwörter
ENGLISH:
Court fees, reimbursement