2026-07-09 - LD Hamburg - Teleflex Life Sciences II LLC v. Speed Care Mineral GmbH - UPC-CFI-0001849/2026
- Aktenzeichen:
- UPC-CFI-0001849/2026
- Datum:
- Spruchkörper:
- Court of First Instance - Hamburg (DE) Local Division
- Art:
- Decision
- Parteien:
- Teleflex Life Sciences II LLC v. Speed Care Mineral GmbH
Kernaussage: Following its 27 April 2026 decision dismissing Teleflex's infringement action and revoking EP 2 077 811 as to claims 1, 2, 3, 7 and 9 — with costs borne by the Claimant — the Hamburg Local Division (JR Klepsch) decided the successful Defendant's application for a cost decis…
2026-07-09 - LD Hamburg - Teleflex Life Sciences II LLC
v.
Speed Care Mineral GmbH - UPC-CFI-0001849/2026
routine
Following its 27 April 2026 decision dismissing Teleflex's infringement action and revoking EP 2 077 811 as to claims 1, 2, 3, 7 and 9 — with costs borne by the Claimant — the Hamburg Local Division (JR Klepsch) decided the successful Defendant's application for a cost decision under R. 151 RoP. Applying Art. 69(1) UPCA and the R. 152 RoP framework, the Court reiterated that reasonable and proportionate costs of the successful party are borne by the unsuccessful party up to the ceiling set by the Administrative Committee's scale by reference to the value in dispute, that 'reasonable' essentially means 'necessary' (assessed ex ante and for proportionality), and that recoverable representation costs are capped — here at EUR 200,000 for a value in dispute up to EUR 2,000,000 (the Defendant's earlier bid to raise the value to EUR 1.5 million having been rejected and discretionary review denied). As the Claimant did not contest that EUR 200,000 representation costs and EUR 11,000 court fees were reimbursable, the Court ordered reimbursement of EUR 211,000 within three weeks.