UPC_CoA_700/2024; 1/2025 – 10x Genomics v Virgin
- Court
- Court of Appeal
- Date
- Outcome
- Granted
- Sector
- Pharma/Bio
- Decision Type
- PROCEDURAL
Expert Commentary
Return of fees Facts On 5 March 2025 the Court of Appeal accepted the withdrawal of appeal against these orders of the Local Division Hamburg. On 6 May 2025, 10x Genomics requested reimbursement of part of the court fees in accordance with R. 370.9(b) RoP. The Court Ordered the Registry to pay back the requested fees as soon as possible. Comment 1. Could this not have been requested at the time of withdrawal? This creates double work for the Court, and 10x Genomics is not punished for it. 2. In my view, there was no entitlement to a refund, as R. 309 RoP applies to withdrawal of the action. Procedural requests are not an "action" – certainly not the action. See R. 370.9(a) RoP: "If the action is heard by a single judge." See also R. 345.6: "If all parties agree to having the action heard by a single judge”, etc. This clearly indicates that "action" refers to the complete case on the merits.
Key Holdings
- The Court of Appeal ordered the Registry to reimburse part of the court fees to 10x Genomics.
- The reimbursement request was made after the withdrawal of an appeal.
- The comment questions the entitlement to a refund under R. 370.9(b) RoP, arguing that 'action' refers to the complete case on the merits, not procedural requests.
Tags
- Appeal
- Costs
- Rules of Procedure
- Withdrawal