Advanced Bionics v MED-EL Elektromedizinische Geräte (CoA, 3 July 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By decision of 3 July 2025 (UPC_CoA_175/2025 to UPC_CoA_178/2025), the Court of Appeal (Judges Grabinski, Blok and Gougé) permitted Advanced Bionics, with MED-EL’s agreement, to withdraw its revocation action and its revocation counterclaim against EP 4 074 373, declared the proceedings closed and granted each side reimbursement of 60% of the appeal fees. It refused, however, a full refund of one of the two fees paid.

Question

Where a single first instance decision rules on both a revocation action and a revocation counterclaim, is a separate appeal fee due for each?

Decision

Yes. The withdrawal, sought before any final decision and agreed by MED-EL, is permitted (paragraphs 8 and 9), since the parties waived any cost applications, no cost decision is needed (paragraph 10). Closure of the proceedings renders the Central Division’s decision of 26 December 2024 ineffective and the appeals devoid of purpose, without any separate withdrawal of the appeals being required (paragraph 11). The revocation action and the counterclaim are separate actions, so a fee was due for each appeal even though both decisions were set out in a single document. The request for a 100% refund is therefore rejected (paragraph 12). The conditions of Rule 370.9(b) being met, 60% of each fee is refunded, EUR 24,000 for Advanced Bionics (paragraph 13).

Key points for practice

• Practical point: appealing a decision that covers both a revocation action and a counterclaim requires two fees, an early withdrawal recovers 60% of each.

Provisions applied

Agreement on a Unified Patent Court

Art. 32(1)

Rules of Procedure

Rules 265 and 370.9(b)

Related decisions

• Advanced Bionics AG v MED-EL, 26 December 2024, Central Division decision maintaining the patent as amended, 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.