UPC CFI, LD Dusseldorf, 2 February 2026 : Reimbursability of costs in PI proceedings

Cost decision on the reimbursability of costs in PI proceedings (Article. 69 UPCA, Rule. 150, 151, 152 RoP). 

Costs incurred in PI proceedings are reimbursable separately. 

The decision on the reimbursability of costs is to be taken in a uniform cost procedure following the proceedings on the merits. 

The ceilings for PI proceedings and the proceedings on the merits must be determined separately – follow up to Decision of Ortovox v Mammut). If the costs in PI proceedings are reimbursable separately within a ceiling that applies specifically to those proceedings, the costs of both the PI proceedings and the main proceedings are capped by the applicable ceiling. 

It is inadmissible to mix the costs of the PI proceedings and the proceedings on the merits or to shift them from one proceeding to the other, even if the results of the PI proceedings may be used in subsequent proceedings on the merits. 

It is the applicant’s responsibility to ensure that it remains within the ceiling during the PI proceedings.

Compensation for representation costs (Rule. 152.2 RoP). 

For partial success, the applicable ceiling shall correspond to the proportion of success of the party seeking cost recovery. 

Accordingly, first, the reimbursable representation costs must be determined based on the quota set by the Court in accordance with Art. 69 UPCA in conjunction with R. 118.5 RoP. Second, the ceiling, which is reduced in accordance with the quota set by the Court, must be applied. 

IPPT20260202, UPC CFI, LD Dusseldorf, 10xGenomics v Curio Bioscience