Rule 152 – Compensation for representation costs

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1. The applicant shall be entitled to recover reasonable and proportionate costs for representation.

2. The Administrative Committee shall adopt a scale of ceilings for recoverable costs by reference to the value of the proceedings. The scale may be adjusted from time to time.

3. Where a claim, counterclaim, application, request or appeal subject to only a fixed fee is made, the party concerned shall, in the first submission, assess its respective value for the purpose of calculating the applicable ceiling. The other party shall be heard. Rule 370.6 shall apply mutatis mutandis.

 

Case Law:

 

IPPT20240318, UPC CFI, CD Munich, Astellas v Healios
Order following interim conference (Rule 105(5) RoP): 1. Document D18 is admitted into the proceedings. The parties and the judge-rapporteur agreed that D18 was admitted into the proceedings on the condition that the Defendant has until 11 April 2024 to file a succinct reply to the submission and the declaration, possibly including a short reply expert report, of which the length should be similar to Claimant´s submissions and which should be strictly in reply to points raised in D18 and the Claimant´s submission. 2. The value of the proceedings for the purpose of applying the scale of ceilings for recoverable costs is set at 4,000,000 EUR (four million euros) (Rule 152 RoP). 3. Parties are allowed to file additional exhibits relating to costs until 11 June 2024 for all costs incurred until that date. This submission may be updated by a further submission to be lodged at the latest noon CET on 24 June 2024. 4. The date and time for the oral hearing is confirmed for 25 June 2024, 09.30 CET. 

 

IPPT20240131, UPC CFI, CD Munich, Nanostring v Harvard

Value of the proceeding for recoverable costs (Rule 104(j) RoP,  Rule 152.3 RoP). Parties were in agreement of the value of the proceedings being set at EUR 7,500,000 (seven and a half million euro). The Court did not have any objections. The value of the proceedings is set accordingly. 

 

 

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