Article 79

Settlement

The parties may, at any time in the course of proceedings, conclude their case by way of settlement, which shall be confirmed by a decision of the Court. A patent may not be revoked or limited by way of settlement.

Case Law

IPPT20240703, UPC CFI, LD Düsseldorf, Abbott v Sibio
Confirmation of settlement reached between the parties (Article 79 UPCA, Rule 365 RoP). Reimbursement of 20% of the court fees paid in connection with the application for provisional measures (Rule 370 RoP).Such reimbursement is not precluded by the fact that the present proceedings concern an Application for provisional measures. Although the wording of the English version of Rule 370.9 (c) RoP speaks of an “action”, the German version is more sophisticated (“Verfahren”). The same applies to the French version (“affaire”). In addition, the possibility of partial reimbursement of court fees is intended to motivate the parties to end the proceedings as early as possible by concluding a settlement. This intention is present not only in proceedings on the merits but also in an Application for provisional measures. The fact that R. 370.9 (c) (ii) RoP also provides for an amount for the interim procedure does not justify a different assessment.