UPC_CFI_1049/2025 – BTL v Lexter
- Court
- Local Division Hamburg
- Date
- Outcome
- Granted
- Sector
- Other
- Decision Type
- PROCEDURAL
Expert Commentary
Reimbursement of fees Facts 1. The case settled before the end of the written proceedings. 2. The claimant requested reimbursement of 60% of the court fees. The Court The Court agreed because the case began in October 2025, meaning that the old reimbursement table (valid until 31 December 2025) applied. Comment See my comment with respect to the previous case.
Full Decision Text
1 Hamburg - Local Division UPC CFI 1049/2025 Procedural Order of the Court of First Instance of the Unified Patent Court delivered on 24/03/2026 HEADNOTES According to Art. 5 of the Administrative Committee’s decision of 4 November 2025 the RoP in the version of 2025 are to be applied to proceedings initiated before 31 December 2025. KEYWORDS R. 370 RoP, reimbursement of court fees. CLAIMANT BTL Medizintechnik GmbH, (Claimant) - Lerchenbergstraße 15, 89160 Dornstadt, Germany Represented by Dr. Tobias Wuttke and Markus Eustermann DEFENDANT Lexter Microelectronic Engineering Systems S.L. (Defendant) - c/ Larrano 7, San Lorenzo de El Escorial 28200, Madrid, Spain Represented by Alexandros Stavrinadis and Particia Koch PATENT AT ISSUE Patent no. Proprietor/s EP 4 426 414 BTL Healthcare Technologies a.s. SUBJECT OF THE PROCEEDINGS Infringement action SUBJECT Reimbursement of court fees 2 COMPOSITION OF THE PANEL Presiding judge Sabine Klepsch Judge-rapporteur Dr. Stefan Schilling Legally qualified judge Carine Gillet DECIDING JUDGES Panel of the Local Division Hamburg SHORT SUMMARY OF FACTS 1. With order dated 15 January 2026, the Court granted the withdrawal of the infringement action. Subsequently the Claimant requested to reimburse 60 % of the court fees pursuant to Rule 370.9 (b) RoP to the Claimant. The Defendant was given the possibility to comment. GROUNDS FOR THE ORDER 2. The order of reimbursement of 60% of the court fees is based on R. 370.9 RoP (2025) in conjunction with R. 370.9 lit. (b) (i) RoP (2025), since the action is terminated before the closure of the written procedure. 3. Art. 5 of the Administrative Committee’s decision of 4 November 2025, established that a transitional provision applies to proceedings initiated before 31 December 2025. According to this provision the Table of Court Fees, Rules of Procedure of the Unified Patent Court and Guidelines for the determination of the court fees and the ceiling of recoverable costs, as revised by this decision, apply to all actions and applications filed after 31 December 2025. As the infringement action was filed on 6 October 2025, the RoP in the 2025 version apply. ORDER The Registrar is ordered to reimburse the Claimant as soon as possible 60% of the court fees it has paid for the infringement action. INSTRUCTIONS TO THE SUB-REGISTRY The case can be closed in the CMS in its entirety after the reimbursement of the court fees (6.600 EUR). ISSUED IN HAMBURG, 24 MARCH 2026 Presiding judge Klepsch Judge-rapporteur Dr. Schilling 3 Legally qualified judge Gillet For the sub-registry
Key Holdings
- The applicable court fee reimbursement table depends on the date the case began, not necessarily the date of the request for reimbursement.
- The UPC should not refund court fees if a settlement is reached after written proceedings.
Tags
- Reimbursement
- Court Fees
- Settlement
- Costs