UPC CoA, 26 March 2025, Equity may require that claimant in successful revocation action has to bear the costs

Equity may require prevailing claimant to bear the costs of a revocation action in which the patent holder immediately surrenders the patent at the beginning of the proceedings and the patent holder was not previously contacted (Article 69(1) UPCA). 

The risk of an opt-out prompted by the contact before filing the action does not inevitably speak against these cost consequences.

IPPT20250326, UPC CoA, Stäubli Tec-Systems