UPC_CFI_203/2025 – DDP v Greenchemicals
- Court
- Local Division Düsseldorf
- Date
- Outcome
- Granted
- Sector
- Other
- Decision Type
- PROCEDURAL
Expert Commentary
Withdrawal of PI proceedings Facts Claimant filed an application for provisional measures on 7 March 2025. Parties settled. Claimant requests withdrawal. Defendant consents. Parties do not ask for costs. Claimant requests the return of 60% of the court fees. The Court 1. Permits withdrawal and orders 60% reimbursement of court fees. 2. The hearing of 30 July 2025 is cancelled. Comment I do not understand why a party that withdraws an application for preliminary measures gets 60% of the court fee back. It seems clear to me that Rule 370.9 RoP is not written for such applications, but for actions with a written procedure, interim procedure, and oral procedure. 60% is not justified. Settlement took place shortly before the oral hearing. Thus, 20% would have been more than enough. As I have advocated earlier, the whole fee payback system should be abolished (except perhaps in exceptional cases), but it certainly should not be used in such a generous way as in this case.
Full Decision Text
1 Düsseldorf Local Division UPC_CFI_203/2025 Decision of the Court of First Instance of the Unified Patent Court issued on 28 July 2025 concerning EP 1 957 544 B1 APPLICANT: DDP Specialty Electronic Materials US, LLC., legally represented by its directors, 974 Centre Road, Bldg 730, Wilmington, DE, 19805, United States Represented by: Attorney-at-law Dr Andreas von Falck, Attorney-at-law Lea Gröblinghoff, Attorney-at-law Diana Rodriguez, Hogan Lovells International LLP, Dreischeibenhaus 1, 40474 Düssel- dorf, Germany Electronic address for service: upc-hub@hoganlovells.com contributing: Attorney-at-law and Patent Assessor Dr Martin Fähndrich, Attorney-at-law and European Patent Attorney Dr Tobias Timmerscheidt, Hogan Lovells International LLP, Dreischei- benhaus 1, 40474 Düsseldorf, Germany DEFENDANT: Greenchemicals S.R.L., legally represented by its directors, Via Lavoratori Autobianchi, 1 20832 Desio (MB), Italy Represented by: Attorney-at-law Marco Francetti, Studio Legale Jacobacci & Associati, Via Senato 8, 20121 Milan, Italy Electronic address for service: mfrancetti@jacobacci-law.com EUROPEAN PATENT NO. 1 957 544 B1 PANEL/DIVISION: Panel of the Local Division in Düsseldorf DECIDING JUDGES: This decision was issued by Presiding Judge Thomas, Legally Qualified Judge Dr Thom acting as 2 judge-rapporteur and Legally Qualified Judge Rinkinen. LANGUAGE OF THE PROCEEDINGS: English SUBJECT: R. 265 RoP – Withdrawal of an application for provisional measures ORDER: I. The withdrawal of the application for preliminary measures, which was filed on 7 March 2025, is permitted at the request of the Applicant and with the consent of the Defendant. II. The proceedings are declared closed. III. The oral hearing scheduled for 31 July 2025 is hereby cancelled. IV. This decision shall be entered in the register. V. The parties refrain from a cost decision. VI. The Court orders the Registrar to reimburse to the Applicant, as soon as possible, 60% of the court fees (€ 6,600) it has paid in these proceedings. DETAILS OF THE ORDER: App_33295/2025 under the main file reference ACT_11006/2025 UPC number: UPC_CFI_203/2025 Type of procedure: Application for provisional measures Issued in Düsseldorf on 28 July 2025 NAMES AND SIGNATURES Presiding Judge Thomas Legally Qualified Judge Dr Thom 3 Legally Qualified Judge Rinkinen For the Sub-Registry
Key Holdings
- Withdrawal of PI proceedings permitted after settlement.
- 60% reimbursement of court fees granted.
- Hearing cancelled.
Tags
- Court Fees
- Preliminary Injunction
- Settlement
- Withdrawal