NVIDIA v BF exaQC (CoA, 29 September 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 29 September 2026 (UPC_CoA_140/2026), the judge-rapporteur of the Court of Appeal determined the court fees payable by NVIDIA for its conditional appeal against the dismissal of its counterclaim for revocation of EP 3 743 812 in its dispute with BF exaQC and ParTec (Munich Local Division decision of 11 March 2026, UPC_CFI_180/2025 and UPC_CFI_210/2025). The appeal and the application for re-establishment of rights had first been lodged by mistake in the file of the opposing appeal (UPC_CoA_55/2026) and then again under the correct number, resulting in a double payment. The Registry is to refund EUR 2,940 for the appeal and EUR 460 for re-establishment.

Question

What court fees are payable for an appeal against a decision on a counterclaim for revocation, and on what value?

Decision

An appeal attracts a fixed fee and, where applicable, a value-based fee under the table (Rule 370.5 RoP, paragraph 9). Rule 220.1(a) RoP, as worded after the amended fee table, refers to the first-instance counterclaim fee at the time of the appeal, increased by 10% (paragraph 11). Fees follow the value fixed at first instance: parties may not set or change it unilaterally, and doubts are to be raised in the statement of grounds of appeal (paragraph 12). On a value of EUR 1,500,000, the fee is EUR 27,720 (paragraph 13), since NVIDIA paid EUR 30,660 in total and twice EUR 460 for re-establishment, the excess is refunded (paragraphs 16 and 17).

Key points for practice

• An appellant may not calculate its fees on a value of its own choosing: the value fixed at first instance applies unless challenged in the statement of grounds.
• A filing in the wrong file means that fees paid twice must be reclaimed.

Provisions applied

Rules of Procedure

Rules 220.1(a) and (b), 228, 320.1 and 370.5

Case law cited

Qualcomm v Network System Technologies, Court of Appeal, 15 July 2026 (UPC_CoA_68/2026 to UPC_CoA_72/2026)

Related decisions

• NVIDIA v BF exaQC, 28 September 2026, order granting re-establishment of rights to bring this appeal.

Prepared by Dhenne Avocats from the official decision, consulted on 10 October 2026. The database is updated every week, on Friday. Only the official text is authoritative.