Article 78

Decisions of the Court and dissenting opinions

1.   Decisions and orders of the Court shall be taken by a majority of the panel, in accordance with the Statute. In case of equal votes, the vote of the presiding judge shall prevail.

2.   In exceptional circumstances, any judge of the panel may express a dissenting opinion separately from the decision of the Court.

Case Law

IPPT20260113, UPC CFI, LD Munich, Heraeus v Vibrantz
Re-establishment of rights granted in the context of a failure to observe a time limit for initiating a procedure for cost decision in the context of a cost ratio. ( Rule 320 RoP , Rule 151 RoP) Dissenting opinion issued pursuant to Article. 36 Statute of the UPC, & Article 78 UPCA . Claimant missed the application deadline (Rule 151 RoP).  Dissenting opinion of Judge Brinkman disagreeing with the narrow interpretation of the regulations.  (Article. 36 of The Statute of The Unified Patent Court, Article 78,  Article 69 UPCA ) . The application to be inadmissible due to a lack of legal interest – application should be admitted in the cost proceedings, thus making re-establishment of rights unnecessary and devoid of legal interest. It is clear from the Rules of Procedure and Article 69 UPCA that a “cost decision” means a decision on the reimbursement of costs. However, in this case the Claimant is not requesting a cost decision, they are only requesting that their 40% portion be used as a deduction from the amount they have to pay to the Defendants