2026-09-14 - LD Brussels - Barco v. Yealink Network Technology - UPC_CFI_806/2025
- Aktenzeichen:
- UPC_CFI_806/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Brussels (BE) Local Division
- Art:
- Order
- Parteien:
- Barco N.V. v. Yealink (Xiamen) Network Technology Co. Ltd., Yealink (Europe) Network Technology B.V.
Kernaussage: After the interim conference the judge-rapporteur of the Brussels Local Division fixed the value of the proceedings and organised the oral hearing around a pending appeal.
2026-09-14 - LD Brussels - Barco
v.
Yealink Network Technology - UPC_CFI_806/2025
notable
After the interim conference the judge-rapporteur of the Brussels Local Division fixed the value of the proceedings and organised the oral hearing around a pending appeal. The infringement action was valued at the claimant's own figure of EUR 1 million, there being no convincing evidence to the contrary, and the revocation counterclaim at EUR 1.5 million. The Guidelines' residual method — the counterclaim equals the infringement action plus up to 50 per cent — is a rebuttable assumption, and the full uplift was applied because the economic value of the patent's validity goes beyond the outcome between these parties, as the opposition proceedings brought by others show. The Court urged the parties to agree recoverable costs now that the value is fixed and set three scenarios for the oral hearing depending on whether and when the Court of Appeal rules on the refusal of leave to amend the patent. An objection to a witness declaration that the defendants had not notified before the conference was not decided there, because the claimant could not be expected to answer it unannounced.