UPC CoA 46/2025, UPC CoA 48/2025, APL 3486/2025, APL 3595/2025 – Plant-e Knowledge B.V. and Plant-e B.V. v Arkyne Technologies S.L.

Court
Court of Appeal
Date
Outcome
Settlement confirmed; 60% of court fees reimbursed to Arkyne Technologies S.L.; redacted settlement entered into register; decision enforceable.
Sector
Pharma/Bio
Decision Type
Confirmation of settlement and reimbursement of Court fees

Expert Commentary

Full Decision Text

1 DECISION of the Court of Appeal of the Unified Patent Court issued on 23 June 2025 concerning a confirmation of a settlement and reimbursement of Court fees APPELLANT (DEFENDANT BEFORE THE COURT OF FIRST INSTANCE ): Arkyne Technologies S.L., Carrer de la Tecnologia, 17, 08840 Viladecans, Barcelona, Spain hereinafter also referred to as “Arkyne” represented by: Dr. Bernd Allekotte, Dr. Julia Traumann, attorneys-at-law, Grünecker Patent- und Rechtsanwälte PartG mbB, Munich, Germany R ESPONDENTS (CLAIMANTS BEFORE THE COURT OF FIRST INSTANCE ) : Plant-e Knowledge B.V. and Plant-e B.V., Beukenlaan 52, 6871 CL Renkum, The Netherlands hereinafter also jointly referred to as “Plant-e” represented by: Oscar Lamme, B.W.A. Algie, D.M. Termeulen, Dr. P. Meyer, attorneys-at-law, Simmons & Simmons LLP, Amsterdam, The Netherlands P ATENT AT ISSUE EP 2 137 782 P ANEL AND DECIDING JUDGES This decision was adopted by Panel 1a, consisting of: Klaus Grabinski, Presiding Judge Reference numbers: UPC CoA 46/2025, APL 3486/2025, App 21415/2025, App 25038/2025 and UPC CoA 48/2025, APL 3595/2025, App 22747/2025, App 25037/2025 2 Peter Blok, legally qualified judge Emmanuel Gougé, legally qualified judge and judge-rapporteur Andrea Scilletta, technically qualified judge Dennis Kretschmann, technically qualified judge IMPUGNED DECISION OF THE COURT OF FIRST INSTANCE □ Decision of the Court of First Instance of the Unified Patent Court, The Hague Local Division, dated 22 November 2024 □ Numbers attributed by the Court of First Instance: - in the infringement action, UPC CFI 239/2023 ACT 549536/2023 ORD 598516/2023, - in the counterclaim for revocation, UPC CFI 239/2023 CC 588768/2023 ORD 598513/2023. L ANGUAGE OF PROCEEDINGS English SUMMARY OF FACTS AND REQUESTS OF THE P ARTIES 1. Plant-e initiated infringement proceedings against Arkyne before The Hague Local Division based on alleged infringement of the patent at issue. Arkyne filed a counterclaim for revocation of the patent at issue. 2. The Local Division held that Arkyne had infringed the patent at issue, granted an injunction, ordered several other measures and rejected the counterclaim for revocation of the patent at issue (see impugned decision). 3. Arkyne filed an appeal under Rule 220.1(a) RoP (APL 3486/2025 UPC CoA 46/2025) against the impugned decision issued in the infringement action and an appeal under Rule 220.1(a) RoP (APL 3595/2025 UPC CoA 48/2025) against the impugned decision issued in the counterclaim for revocation. 4. On behalf of all parties, Plant-e then informed the Court that they had concluded the proceedings by way of a settlement and filed two applications (App 21415/2025 in the infringement action and App 22747/2025 in the counterclaim for revocation) for a confirmation by the Court of Appeal of a settlement agreement entered into between the parties (hereafter the “Settlement Agreement”), requesting the Court to - confirm that the parties have concluded the Settlement Agreement, as provided under Exhibit EP47; 3 - pursuant to Rule 365.2 RoP, keep the entire contents of the Settlement Agreement, except for the preamble and recitals, confidential from the public; - on behalf of all parties, Plant-e notified the Court that a cost order pursuant to R. 365.4 RoP is not required. 5. Plant-e filed two requests for confidentiality from the public under R 262.2 RoP (App 24254/2025 UPC CoA 46/2025 and App 24270/2025 UPC CoA 48/2025), requesting the Court to keep confidential the unredacted version of the Settlement Agreement. 6. Arkyne lodged two generic applications (App 25038/2025, in appeal APL 3486/2025, and App 25037/2025, in appeal APL 3595/2025) to request the reimbursement of 60% of the Court fees as well as reimbursement of the difference between the Court fees actually paid by Arkyne and the reduced fees to which it is eligible pursuant to Rule 370.8 RoP. GROUNDS FOR THE DECISION 7. According to R. 365 RoP, if requested by the parties, the Court shall confirm the settlement that they have reached. Such decision may be enforced as a final decision of the Court and shall be entered into the register. 8. The request for confidentiality from the public under R. 262.2, 365.2 RoP will be decided once a R. 262.1(b) RoP request is made by a member of the public. The confidentiality interests of the parties are protected by the order of the court that only the decision including the redacted version of the settlement shall be entered on the register. 9. Concerning the reimbursement of court fees, in the event of a settlement of an action concluded by the parties, the party liable for the Court fees will upon request receive a refund of 60% of the Court fees if the action is settled before the closure of the written procedure (R.370.9(b)(i) RoP). 10. The written procedures in these appeal cases have not been closed since Plant-e had to lodge its Statement of response until 24 June 2025, therefore the time limit of R. 235 RoP has not expired. It follows that, in the present case, the actions were settled prior to the closure of the written procedure. Consequently, Arkyne is entitled to a reimbursement of 60% of the Court fees paid for the above-mentioned appeals pursuant R. 370.9(b)(i) RoP. D ECISION I. At the request of the parties, the Court confirms, pursuant to R. 365.1 RoP, that the parties have reached the following settlement: 4 5 6 7 II. This decision including only the redacted version of the settlement shall be entered on the register. III. The Court of Appeal orders the reimbursement to Arkyne of a total of 60 % of the court fees it has paid, namely 8,820 EUR as set out hereafter: IV. 3,960 EUR, corresponding to 60% of 6,600 EUR, the amount of reduced appeal Court fees in the APL 3486/2025; V. 4,860 EUR corresponding to 60% of 8,100 EUR, the amount of reduced appeal Court fees in the appeal APL 3595/2025. VI. This decision is enforceable as a final decision of the Court of Appeal. This decision was issued on 23 June 2025 Klaus Grabinski, Presiding Judge Peter Blok, legally qualified judge Emmanuel Gougé, legally qualified judge and judge rapporteur Andrea Scilletta, technically qualified judge Dennis Kretschmann, technically qualified judge

Key Holdings

  • The Court confirms the settlement agreement reached by the parties pursuant to Rule 365.1 RoP.
  • The decision, including only a redacted version of the settlement, shall be entered on the register.
  • Arkyne Technologies S.L. is entitled to a reimbursement of 60% of the court fees paid for the appeals (APL 3486/2025 and APL 3595/2025), totaling 8,820 EUR.
  • The actions were settled prior to the closure of the written procedure, thus qualifying for the 60% fee reimbursement under Rule 370.9(b)(i) RoP.
  • This decision is enforceable as a final decision of the Court of Appeal.

Tags

  • Appeal Proceedings
  • Confidentiality
  • Costs
  • Court Fees
  • Infringement
  • Revocation
  • Settlement
  • Written Procedure

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