2026-04-09 - LD Munich - Myriad Genetics et al. v. Gxd Bio - UPC-CFI-0000195/2026
- Aktenzeichen:
- UPC-CFI-0000195/2026
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Decision
- Parteien:
- Myriad Genetics S.A.S., Myriad International GmbH, Myriad Genetics GmbH, Myriad Genetics, Inc., Myriad Genetics B.V., Eurobio Scientific, Myriad Service GmbH, Myriad Genetics S.r.l., Myriad GmbH v. GXD-Bio Corporation
Kernaussage: The Munich Local Division assessed the successful party's recoverable costs after a merits decision that had put the costs of both the infringement action and the counterclaim for revocation on the losing party.
2026-04-09 - LD Munich - Myriad Genetics et al.
v.
Gxd Bio - UPC-CFI-0000195/2026
notable
The Munich Local Division assessed the successful party's recoverable costs after a merits decision that had put the costs of both the infringement action and the counterclaim for revocation on the losing party. It held that no separate cost assessment is needed for each proceeding where one party prevails in both and liability has been established, and that the application was admissible, having been filed within the one-month deadline of Rule 151 RoP. Representation costs were allowed at EUR 400,000: under the Administrative Committee's guideline of 24 April 2023 the values of an infringement action and a counterclaim pending before the same panel are added together to fix the ceiling, giving EUR 2,500,000 and a cap of EUR 400,000. Court fees were allowed at EUR 15,000 rather than the EUR 20,000 claimed, because EUR 5,000 had already been refunded. Expert costs of EUR 14,796 were allowed under Rule 153 RoP, the expert's qualification being demonstrated and uncontested and the hours and rate unremarkable, and the parties' agreement at the oral hearing not to challenge the proportionality of representation-cost items was held not to preclude them.