2024-07-03 - LD Düsseldorf - Abbott v. Sibio Technology - UPC_CFI_133/2024
- Aktenzeichen:
- UPC_CFI_133/2024
- Datum:
- Spruchkörper:
- Court of First Instance - Düsseldorf (DE) Local Division
- Art:
- Application Order
- Parteien:
- Abbott Diabetes Care Inc. vs SIBIO, UMedWings
Kernaussage: If the parties have terminated the proceedings by settlement, the party liable to pay the court fees shall, upon reasoned application, be refunded part of the court fees.
2024-07-03 - LD Düsseldorf - Abbott
v.
Sibio Technology - UPC_CFI_133/2024
If the parties have terminated the proceedings by settlement, the party liable to pay the court fees shall, upon reasoned application, be refunded part of the court fees. This applies regardless of whether the case is on the merits or an Application for provisional measures.
notable
The Düsseldorf Local Division confirmed under R. 365.1 sentence 1 RoP a settlement reached at the oral hearing of Abbott's provisional-measures action against SIBIO and Umedwings concerning analyte-sensor (CGM) technology under EP 2 393 417 B1. The order is significant for clarifying — against the literal English wording — that the partial reimbursement of court fees on settlement under R. 370.9(c)(iii) RoP in conjunction with R. 370.11 RoP applies not only to actions on the merits but also to applications for provisional measures. The English version uses 'action' but the German ('Verfahren') and French ('affaire') versions are broader, and the policy of incentivising early settlement applies equally to PI proceedings. The reference in R. 370.9(c)(ii) RoP to an interim-procedure amount is meaningless for PI proceedings, which know no interim procedure. The reimbursement amount depends on the procedural stage at settlement; settlement at the oral hearing of a PI yielded a 20% refund (€2,200 on a value of €4 million). The settlement obliges defendants to cease offering the SIBIONICS GS1 device in DE/FR/NL, render accounts since 26/08/2017, destroy stocks, recall from distribution, and compensate damages.
Stichwörter
confirmation, partially reimbursement, court fees, Application for provisional measures, Settlement