2026-07-31 - LD Mannheim - Palo Alto Networks v. Centripetal - UPC_CFI_792/2025
- Aktenzeichen:
- UPC_CFI_792/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Mannheim (DE) Local Division
- Art:
- Decision
- Parteien:
- Palo Alto Networks, Inc. v. Centripetal Limited
Kernaussage: The Mannheim Local Division held that R.
2026-07-31 - LD Mannheim - Palo Alto Networks
v.
Centripetal - UPC_CFI_792/2025
notable
The Mannheim Local Division held that R. 150 et seq. RoP apply by analogy to enforcement proceedings, so that the costs of the enforcement stage are determined in a separate cost proceeding with its own value in dispute and its own recoverable-cost ceiling, and no joint cap applies to the case on the merits and the enforcement together. The Court reasoned from Art. 69 UPCA in both directions: it would be inconsistent with that provision to deny reimbursement of reasonable and proportionate representation costs both to a claimant forced to enforce against a defendant who disregards a decision on the merits and to a defendant who rightfully resists unjustified enforcement measures. It added that the value in dispute for the enforcement stage may be lower than, or even higher than, the value set for the merits, for instance where infringement is intentional and continuous and severe penalties are demanded. On the facts the Court also held that an unchallenged decision in the enforcement order that the enforcing party bears the costs had become final and binding, so every argument against a separate cost decision fell away and only quantum remained open; it awarded the full EUR 54,809 claimed.