BAUSSMANN Collated Fasteners v Raimund Beck Nageltechnik (CFI, 14 July 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 14 July 2025 following the interim conference of 11 July (UPC_CFI_836/2024), the judge rapporteur Kupecz (Munich Central Division) prepared the oral hearing in the revocation action against EP 4 019 790 brought by BAUSSMANN Collated Fasteners against Raimund Beck Nageltechnik. The order is mainly of interest for the value in dispute, accepted even though it is regarded as too low.

Question

What value in dispute should be set in a revocation action covering several states, and how should the outstanding procedural points be dealt with before the hearing?

Decision

The value in dispute is set at EUR 500,000 (Rule 104(j)). The judge noted that the figure is in fact too low for a revocation action covering several states, but of no consequence, since in such an action the value only serves to fix the ceiling on costs. The applicable ceiling on recoverable costs is EUR 56,000, and an agreement between the parties on reasonable and proportionate costs will as a rule be respected. The admissibility of exhibit P&A 18, a decision of an EPO Technical Board of Appeal on another patent involving both parties, is left to the panel at the oral hearing. The application to amend the patent no longer needs to be addressed, since the claimant had the opportunity to reply. The oral hearing is set for 16 October 2025 in Munich.

Key points for practice

• In a revocation action, an understated value in dispute may be accepted where it only governs the ceiling on recoverable costs.
• Practical point: whether a late exhibit, such as an EPO decision on another patent, is admitted may be left to the panel at the oral hearing.

Provisions applied

Rules of Procedure

Rules 104(j), 105.5 and 106

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.