2026-08-06 - LD Mannheim - Hurom et al. v. NUC Electronics et al. - UPC-CFI-0001410/2026
- Aktenzeichen:
- UPC-CFI-0001410/2026
- Datum:
- Spruchkörper:
- Court of First Instance - Mannheim (DE) Local Division
- Art:
- Decision
- Parteien:
- NUC Electronics Europe GmbH, WARMCOOK v. Hurom Co., Ltd.
Kernaussage: The Mannheim Local Division fixed the recoverable costs of appellate proceedings and, in doing so, set out how proportionality under R.
2026-08-06 - LD Mannheim - Hurom et al.
v.
NUC Electronics et al. - UPC-CFI-0001410/2026
notable
The Mannheim Local Division fixed the recoverable costs of appellate proceedings and, in doing so, set out how proportionality under R. 152 RoP is assessed and which categories of expense fall outside R. 151(d) RoP. It refused to cut the representation costs head by head: where the total is not disproportionate, it is for the party to decide how to allocate its workload, and the Court does not ask whether one aspect received too much attention. Four heads of expense were nonetheless disallowed. Legal expert reports on claim construction under national laws require special justification outside cases in which the Court has or might have to apply national law, and none was given here, the relevant passages being general and merely confirming what UPC case law already provided. The costs of the two external Korean counsels who attended a preparatory strategy meeting were refused under the rule that a party's home-country legal adviser, engaged to coordinate and instruct its UPC representatives, is not recoverable alongside the representatives themselves — and the applicants had not explained why those advisers could not have joined by video conference. Prior art searches conducted for the appeal were refused for want of any explanation of which aspect of claim construction or skilled-person knowledge they served, the question whether such searches are recoverable in principle being left open. The costs of preparing the cost application were refused following the settled Court of Appeal line. The two-day in-person strategy meeting was otherwise held recoverable in principle.