Rule 26 – Fee for the Counterclaim for revocation

The defendant shall pay the fee for the Counterclaim for revocation in accordance with Part 6. Rule 15.2 shall apply mutatis mutandis.

Case Law:

IPPT20251128, UPC CFI, LD The Hague, GlaxoSmithKline Biologicals v Moderna
Discretionary order to separate counterclaim for revocation proceedings into two counterclaims, one concerning each patent. (Rule 302.1 RoP). Payment of court fees also warrants separation in counterclaims for revocation – new court fees of EUR 20,000 due. (Rule 370.4 RoP, Rule 26 RoP). Whereas in an infringement action concerning several related patents, the fact that multiple patents are involved can be taken into account for determination of the value of the action for applying the Rules on Court fees. This is not the case for counterclaims for revocation, as the court fee per counterclaim action is capped at EUR 20,000. The only way to reflect the complexity and size of the counterclaim action in view of court fees, is therefore to split the case.