A guide to the UPC and the UP - Flipbook - Page 426
Figure 20-1: Example Court Fees for a Patent Action values at €11,000,000
Claimant’s
Costs
Claimant’s
Action
Claimant's Legal Fees:
€110,000
Court Fees:
€11 ,000
Fixed Fee:
€200
The patent holder
(claimant) files an
application for a
provisional injunction
Sub-Total:
€121,000
Claimant's Legal Fees:
€900,000
Court Fees
and Actions
The claimant files an
infringement action
againstthe defendant
Expert Witness Fees:
€40,000
Fixed Fee:
€11,000
Defendant’s
Action
A possible defendant
is intending to launch a
product and is aware of
a possibly problematic
patent. The possible
defendant files a
protective letter
with the Court
Defendant's Legal Fees:
€90,000
Court Fees:
€200
The Court declines the
provisional injunction
Sub-Total:
€90,200
Fixed Fee: €11,000 plus
Value-Based Fee:
€75,000
Defendant's Legal Fees:
€900,000
Fixed Fee:
€20,000
The defendant
counterclaims for
revocation of the patent
The Court finds in
favour of the defendant
and determines that
the patent is invalid
Court Fees:
€86,000
Defendant’s
Cost
Expert Witness Fees:
€20,000
Court Fees:
€20,000
Sub-Total:
€1,026,000
Sub-Total:
€940,000
Total:
€1,147,000
Total:
€1,030,200
The Court awards
costs to the defendant
capped at ceiling of:
€800,000
Total Cost Liability after
Cost Decision:
€1,947,000
Claimant's Legal Fees:
€600,000
The claimant files
an appeal to the
Appeal Court
Court Fees:
€86,000
The Appeal Court
finds in favour of
the claimant and
determines that
the patent is valid
and infringed
Sub-Total:
€386,000
The claimant applies
for a cost decision
Claimant's Total Cost
Liability: €344,000
© Bird & Bird LLP | May 2023
Fixed Fee: €11,000 plus
Value-Based Fee:
€75,000
The Court awards
costs to the claimant
for the appeal and
for first instance:
€3 86,000 + €800,000
Total Fees payable to
the Court: €203,200
The defendant applies
for a cost decision
Total Cost Liability
after CostDecision:
€230,200
Defendant's Legal Fees:
€300,000
Sub-Total:
€300,000
Cost Decision:
€1,189,000
First instance costs to
be repaid: €800,000
Defendant's Total Cost
Liability: €2,519,200
A Guide to the UPC and the UP 416
