UPC CoA, 28 May 2025: On withdrawal of action and release of security and reimbursement of court fees

IPPT20250528, UPC CoA, Harvard v Nanostring - II

Withdrawal of action and reimbursement of court fees (R. 265 RoP, R. 370 RoP). 

Written procedure before the Court of Appeal is limited to the submissions of a Statement of appeal and a statement of grounds for appeal and a statement of response, unless a cross-appeal has been lodged. Upon expiry of the period for lodging these statements, the interim procedure begins (R. 239.1 RoP). 

It follows that, in the present case, the action was not withdrawn before the closure of the written procedure, but before the closure of the interim procedure. Accordingly, Harvard is entitled to a reimbursement of 40% of the Court fees it paid for the appeal pursuant to R. 370.9(b)(ii) RoP, instead of 60% pursuant to R. 370.9(b)(i) RoP.

IPPT20250528, UPC CoA, Harvard v Nanostring - I

Withdrawal of appeal by party consent without decision on costs (R. 265 RoP), 

following which the order to provide a security becomes devoid of purpose and security is released (Article 69.4 UPCA, R. 158 RoP)