2025-05-26 - CoA - Bruker Spatial Biology v. President And Fellows Of Harvard College - UPC_CoA_61/2025
- Aktenzeichen:
- UPC_CoA_61/2025
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Order
- Parteien:
- Bruker Spatial Biology, Inc. v. President and Fellows of Harvard College
Kernaussage: The Court of Appeal permitted Bruker to withdraw three joined appeals under R.
2025-05-26 - CoA - Bruker Spatial Biology
v.
President And Fellows Of Harvard College - UPC_CoA_61/2025
notable
The Court of Appeal permitted Bruker to withdraw three joined appeals under R. 220.2 RoP against a Munich Local Division panel-review order of 13 January 2025 concerning the patentee's applications to amend the patent in counterclaim-for-revocation proceedings. The Court held that R. 265.1 RoP applies mutatis mutandis to the withdrawal of an appeal, including an appeal under R. 220.2 RoP, and that the respondent can be assumed to have no legitimate interest in a decision where it did not use the opportunity given in a preliminary order to rebut the appellant's representative's assurance of its consent. No cost decision was needed under R. 265.2(c) RoP because both sides refrained from one. The Court also held that the 20% court-fee refund for withdrawal before the closure of the oral procedure under R. 370.9(b)(iii) RoP applies mutatis mutandis to an appeal, and ordered the refund in each appeal.