2026-06-22 - CD Munich - UPM-Kymmene Oyj v. International N&H Denmark - UPC_CFI_830/2024
- Aktenzeichen:
- UPC_CFI_830/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Central Division - Section
- Art:
- Order
- Parteien:
- UPM Kymmene Oyj v. International N&H Denmark ApS
Kernaussage: The Munich Central Division (Section) resumed a stayed revocation action and disposed of it as devoid of purpose after the EPO Board of Appeal revoked EP 3 540 068 in its entirety in a final decision.
2026-06-22 - CD Munich - UPM-Kymmene Oyj
v.
International N&H Denmark - UPC_CFI_830/2024
notable
The Munich Central Division (Section) resumed a stayed revocation action and disposed of it as devoid of purpose after the EPO Board of Appeal revoked EP 3 540 068 in its entirety in a final decision. Applying R. 296.2 and R. 360 RoP, the panel held there was no longer any need to adjudicate, both parties agreeing that no legal interest in a merits decision remained. On costs, the Court treated the defendant patentee as the 'unsuccessful party' under Art. 69(1) UPCA — the claimant having achieved the objective of its revocation action through the parallel EPO revocation — and ordered reimbursement of the agreed EUR 96,000 (EUR 20,000 court fees + EUR 76,000 recoverable costs).