UPC CFI, LD Dusseldorf, 22 April 2025: Reasonable and proportionate legal costs

IPPT20250422, UPC CFI, LD Düsseldorf, Ortovox v Mammut - I

Reasonable and proportionate legal costs (Article 69 UPCA, R. 152 RoP). 

That several lawyers from the same law firm were acting on behalf of the plaintiff does not preclude the necessity and appropriateness of the costs. 

Infringement analyses carried out in the run-up to the summary proceedings served to prepare for the main proceedings, which were to be expected in any case against the background of the parallel Swiss nullity proceedings and the Rules of Procedure of the Unified Patent Court. On this basis, it is justified to allocate the costs incurred there to the main proceedings. 

Drafting a warning letter, an application for interim measures or a statement of claim, fall within the core area of a lawyer's work. 

Amount claimed falls within the limits set by the Administrative Committee’s decision of 24 April 2024, which apply separately to proceedings for interim measures and main proceedings.

IPPT20250422, UPC CFI, LD Düsseldorf, Ortovox v Mammut - II
 

Assumed that fees calculated on the basis of the German Lawyers' Fees Act are generally necessary and reasonable and therefore also recoverable before the Unified Patent Court.