2026-09-29 - CoA - Bf Exaqc et al. v. NVIDIA - UPC-COA-0000055/2026

Was ist diese UPC-Entscheidung?

Zusammenfassung: The judge-rapporteur of the Court of Appeal decided on a request for reimbursement of court fees paid twice because an appeal against a counterclaim for revocation, together with a request for re-establishment of rights, was first uploaded under the wrong docket (the claimants' pending appeal) and then refiled under its own number. Following the Court of Appeal's order in Qualcomm v Network System Technologies, the appeal fee under R. 220.1(a) and R. 228 RoP for a counterclaim for revocation is the first-instance counterclaim fee payable at the time of the appeal, increased by 10%, and fees follow the value of the action fixed by the Court of First Instance, which a party may not set unilaterally. The counterclaim fee equals the infringement-action fee, so the appeal fee was computed on the EUR 1.5 million value of the infringement action at EUR 27,720. Of the EUR 30,660 paid in total, the EUR 2,940 surplus was refunded, and the second EUR 460 re-establishment fee was refunded in full; the request was therefore granted only in part.

Quelle und Fundstellen

Quelle: UPC Website

Aktenzeichen: UPC-COA-0000055/2026