Rule 242 – Decision of the Court of Appeal

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1. The Court of Appeal shall either reject the appeal or set the decision or order aside totally or in part substituting its own decision or order, including an order for costs both in respect of the proceedings at first instance and on appeal.

2. The Court of Appeal may:

(a) exercise any power within the competence of the Court of First Instance;

(b) in exceptional circumstances refer the action back to the Court of First Instance for decision or for retrial [Rule 243]. It shall not normally be an exceptional circumstance justifying a referral back that the Court of First Instance failed to decide an issue which it is necessary for the Court of Appeal to decide on appeal.

 

Relation with Agreement: Article 75

 

Case Law:

 

IPPT20240924, UPC CoA, Guangdong OPPO v Panasonic
Decision on reimbursement of legal costs in the final decision (Article 69 UPCA, R. 242 RoP, R. 118.5 RoP). R.242.1 RoP is to be interpreted to mean that if the decision of the Court of Appeal is not a final order or decision concluding an action, the Court of Appeal, in the case at hand, will not issue an order for costs in respect of the proceedings at first instance and at appeal. 

 

IPPT20240918, UPC CoA, Volkswagen v NST

Order for costs (R.242.1 RoP, Article 69 UPCA)) is to be interpreted to mean that if the decision of the Court of Appeal is not a final order or decision concluding an action, such as the present order, the Court of Appeal will not issue an order for costs in respect of the proceedings at first instance and at appeal.

 

IPPT20240806, UPC CoA, 10x Genomics v Nanostring
Application for rehearing inadmissible; no fundamental procedural defects (Article 81 UPCA, Rule 247(e) RoP). Court of Appeal not precluded from cost decision in  appeal decision that concludes actions for provisional and protective measures (Rule 118(5) RoP, Rule 242(1) RoP, Article 62 UPCA). 

 

IPPT20240806, UPC CoA, Nera v Xiaomi
IPPT20240805, UPC CoA, Panasonic v Xiaomi
Statement of claim cannot be validly served on Xiaomi companies in China and Hong Kong at the business address of Xiaomi DE in Germany (Rule 273 - 274 RoP). No decision on costs by the Court of Appeal because the decision in appeal is not a final order or concluding an action (Rule 151 RoP, Rule 242(1) RoP)

 

IPPT20240502, UPC CoA, PMA v AWM
Suspensive effect given to appeal of restitution order (that that shall take place from 5 June 2024) to ensure that there is time to decide on the appeal before the impugned order is enforced (Article 74 UPCA). No decision on the costs since this order is not a final order or decision concluding an action (Rule 242.1 RoP).

 

IPPT20240417, UPC CoA, Curio Bioscience v 10x Genomics
Change of language of the proceedings into the language of the patent on grounds of fairness: all relevant circumstances shall be taken into account (Article 49 UPCA, Rule 323 RoP) No decision on the reimbursement of legal costs will be made in this appeal, since this order of the Court of Appeal is not a final order or decision, i.e. not an order or decision concluding the proceedings pending before the Court of First Instance. (Article 69 UPCA, Rule 118 RoP, Rule 242 RoP

 

IPPT20240403, UPC CoA, Juul Labs v NJOY Netherlands
Appeal and the appellant’s request to set aside the orders of the Court of First Instance to rectify the name of the defendant (“Juul Labs, Inc”) to read “Juul Labs International, Inc.” rejected [Rule 9 RoP].  No decision on costs. Rule 242.1 RoP is to be interpreted to mean that if the decision of the Court of Appeal is not a final order or decision concluding an action, the Court of Appeal, in the case at hand, will not issue an order for costs in respect of the proceedings at first instance and at appeal. However, the outcome of the appeal must be considered when, in the final decision on the action at hand, the Court determines whether and to what extent a party must bear the costs of the other party because it was unsuccessful within the meaning of Article 69 UPCA.