President and Fellows of Harvard College v NanoString Technologies Europe (CoA, 28 May 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 28 May 2025, the Court of Appeal granted Harvard (President and Fellows of Harvard College), the appellant, reimbursement of 40% of the appeal court fees, not the 60% it sought, after NanoString Technologies Europe withdrew its revocation action against EP 2 794 928 (UPC_CoA_808/2024). The Court clarifies when the written procedure on appeal closes, which governs the rate of reimbursement.

Question

Was a withdrawal made after the respondent’s statement of response, but before any hearing, made before the closure of the written procedure (60%) or only before the closure of the interim procedure (40%)?

Decision

On appeal, the written procedure is limited to the statement of appeal and grounds for the appellant, and to the statement of response for the respondent, unless a cross-appeal is lodged. The interim procedure then begins (paragraph 7). The written procedure closed when NanoString lodged its statement of response on 16 April 2025 and the Rule 235 time limit expired. The judge rapporteur’s order of 5 May 2025 did not extend it, being a case management step within the interim procedure (paragraph 8). Since the withdrawal on 14 May 2025 came later, only the 40% rate under Rule 370.9(b)(ii) applies (paragraph 9).

Key points for practice

• On appeal, the written procedure closes with the respondent’s statement of response where there is no cross-appeal. A later order by the judge rapporteur does not reopen it.
• A settlement on appeal must be reached before the statement of response is lodged to secure a 60% reimbursement of fees.

Provisions applied

Rules of Procedure

Rules 235, 237, 238, 239.1 and 370.9(b)

Case law cited

Scandit v Hand Held Products, Court of Appeal, 1 November 2024

Related decisions

• NanoString Europe v President and Fellows of Harvard College, 17 October 2024, Munich Central Division decision under 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.