Astellas Institute for Regenerative Medicine v Healios K.K (CFI, 23 July 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 23 July 2024, the Munich Central Division (U. Voß, presiding, A. Kupecz, rapporteur, P. Gerli, technically qualified judge) disposed under Rule 360 RoP of the two revocation actions brought by Astellas Institute for Regenerative Medicine against EP 3 056 563 and EP 3 056 564 of Healios, Riken and Osaka University (UPC 75/2023 and UPC 80/2023), following a settlement announced on 19 June 2024, and ordered a refund to the claimant of 20% of the court fees, EUR 4,000 in each action. The order allows the refund without any decision confirming the settlement.

Question

Does the 20% refund of court fees under Rule 370.9(c) RoP in the event of settlement require the settlement to be confirmed by a decision under Rule 365 RoP?

Decision

No. The parties may settle at any time. A confirmatory decision under Rule 365 RoP is available on request but is not required. On a joint application, the Division finds that the actions have become devoid of purpose and disposes of them by order under Rule 360 RoP. Rule 370.9(c) RoP refers to settlement in general terms, without reference to Rule 365 RoP, unlike points (a) and (b), and the refund scheme is meant to encourage early settlement, whether confirmed or not. As the settlement was reached before the closure of the oral procedure, the 20% refund is due. The order is a final decision open to appeal within two months.

Key points for practice

• Practical point: parties who settle before the oral procedure closes can have the action disposed of under Rule 360 RoP, without a confirmatory decision, and still obtain the partial fee refund.

Provisions applied

Agreement on a Unified Patent Court

Arts. 43, 73(1), 76(1) and 79

Rules of Procedure

Rules 11.2, 220.1(a), 224.1(a), 265, 360, 363, 365 and 370.9

Case law cited

KraussMaffei v TROESTER, Munich Local Division, 11 July 2024

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.