UPC_CFI_2/2023; 298/2023 – 10x Genomics v Bruker

Court: Local Division Munich
Date: 2025-07-16
Outcome: Granted
Sector: Other
Decision Type: PROCEDURAL

Expert Commentary

Reimbursement of court fees Background On 1 June 2023, the claimant applied for a preliminary injunction (PI), which was granted. On 31 August 2023, the main action was filed, followed by a counterclaim for invalidity. The written procedure has not been formally closed. Parties filed more than 30 different applications during the written proceedings. On 26 February 2024, the Court of Appeal reversed the PI order. The defendants filed for compensation for the damages caused by the PI for €40 million. Parties settled. The claims in the main case and the claim for the damages caused by the PI were withdrawn. Requests The claimant requested reimbursement of 60% of the paid court fees (€76,000). The defendant asked for all the court fees to be reimbursed (the defendant paid €20,000 for the revocation and €253,000 for the compensation case). The Court In view of the exceptional amount of work, the Court ordered a reimbursement of 40% instead of 60% of the fees paid for the main case. The Court ordered a 60% reimbursement in the compensation case. The Court does not follow the reasoning of the defendant that for such a compensation case, no fee has to be paid at all because that case is a case for damages according to R. 370.2(a) RoP, arguing that “damages” include compensation (see R. 125 RoP). Comment 1. The Court has been very modest in still returning 40% of the fees. I think that the exceptional amount of work the Court had to do would have justified no return of fees at all. 2. The decision with respect to the fees in the compensation case is fully in accordance with the Rules, which means that in that case, the Court keeps around €100,000, which compensates nicely for the work in the main case!

UPC_CFI_2/2023; 298/2023 – 10x Genomics v Bruker

Expert Commentary

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