Rule 22 – Determination of value-based fee for the infringement action

1. The value of the infringement action including an action for compensation derived from the provisional protection conferred by a published European patent application shall be determined by the judge-rapporteur under Rule 370.6, taking into account the value as assessed by the parties, by way of an order during the interim procedure.

2. Where the value of the infringement action exceeds EUR 500.000, the claimant shall pay a value-based fee for the infringement action, in accordance with Part 6. Rule 16.3 to .5 shall apply mutatis mutandis.

Case Law:

Court of Appeal

IPPT20250528, UPC CFI, LD Mannheim, Samsung v ZTE
Value of infringement action set at € 4 million on a preliminary basis (instead of € 500.000) (R. 22.1 RoP, R. 370.6 RoP). The value of the dispute is largely underestimated taking into consideration the commercial background of the infringement action attacking all standard-essential 5G mobile devices of the opponent and the general FRAND rate discussion between the parties on which the injunctive relief sought will have economic bearing

IPPT20241223, UPC CoA, Microsoft v Suinno - II

The determination of the value of the action (at the time of filing the action) will be the responsibility of the judge-rapporteur during the interim procedure (R 22, 104 and 370.6 RoP)

Court of First Instance

IPPT20240219, UPC CFI, LD Munich, Huawei v Netgear
Interim decisions following case management hearing (Rule 334(d) RoP, Rule 336 RoP, (Rule 105(5) RoP): Setting value of infringement action at € 1 million, of the three nullity counterclaims at € 1 million and of the proceedings at € 2 million.