UPC CFI, CD Milan, 13 March 2026 : Disposal of revocation action on becoming devoid of purpose.

Revocation action disposed on becoming devoid of purpose. (Rule 360 RoP)

Patent revoked ab initio (Article 101.2 EPC). 

Patent revoked by the Opposition Division of the EPO after the filing of the defence to the revocation action. 

Claimant’s request to declare the revocation action devoid of purpose, under the condition that the defendant makes a non-confidential undertaking that it will not enforce any divisional of the patent against the claimant, falls outside the scope of Rule 360. 

The revocation action is solely directed to the (now revoked) patent and not to any other claim scope .

The mere fact that the patent has been revoked does not mean that every divisional will suffer the same fate. 

Costs (Article 69(1) UPCA) 

The ceiling of recoverable costs is based on a full procedure, with a written phase, an interim phase and an oral phase. Claimant has already filed its Statement of Claim , Reply to the Defence , Defence to the Application to amend the patent and since legal costs are front-loaded, claimant is awarded 80% of the maximum recoverable costs.

IPPT20260313, UPC CFI, CD Milan, Neurocrine v Spruce