Hanshow Technology v VusionGroup (CoA, 21 February 2025)
| Date | 21 February 2025 |
|---|---|
| Court | CoA |
| Division | Luxembourg (LU) |
| Type of action | Generic Order |
| Registry reference | ORD_8874/2025 |
| Parties | Hanshow France SAS, Hanshow Netherlands B.V., Hanshow Technology Co. Ltd, Hanshow Germany GmbH v. SES-imagotag SA |
Official decision (PDF) · UPC registry entry
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
By order of 21 February 2025 (UPC_CoA_618/2024, APL_57918/2024), the Standing Judge of the Court of Appeal (Judge Simonsson) dismissed VusionGroup’s applications for a default decision and for the appeal to be rejected as inadmissible, in the appeal brought by Hanshow Technology against a Munich Local Division decision of 18 October 2024 on the determination of costs (EP 3 883 277). The order clarifies the procedure for appeals on costs (Rule 221): the application for leave serves, in principle, as the statement of appeal.
Question
Absent a separate statement of appeal (Rule 224), must an appeal against a costs decision be rejected as inadmissible, and had the additional fee been paid?
Decision
The Local Division had held Hanshow’s application for the determination of costs out of time (Rule 151), leave to appeal was granted on 15 November 2024 (Rule 221.3). The additional fee of EUR 1,500, bringing the fee to EUR 3,000 (Rule 221.4), was credited on 5 December 2024, so the application for a default decision failed (paragraph 7).
Cost determination is a summary procedure (paragraph 10). The application for leave must itself set out the grounds, facts, evidence and legal arguments (Rule 221.2), and the Standing Judge decides, by analogy with Rule 220.4, whether further pleadings are needed (paragraphs 11 to 14). Hanshow’s application of 31 October 2024, reasoned in sufficient detail, was therefore treated as the statement of appeal, VusionGroup being allowed to respond (paragraph 15).
Key points for practice
- An appeal against a costs decision does not require a separate statement of appeal: a complete application for leave takes its place.
- Practical point: draft the Rule 221 application for leave as a full statement of appeal and pay the additional fee promptly.
Provisions applied
- Rules of Procedure
- Rules 151, 220.4, 221.2, 221.3, 221.4, 224 and 233.3
- Case law cited
- Netgear v Huawei, Court of Appeal, 21 March 2024 (UPC_CoA_486/2023).
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.
Going further
Lexicon: UPC Court of Appeal.
Dhenne Avocats blog: UPC Appeals: What the Numbers Show.
Source and translations
- Official source
- Unified Patent Court registry link recorded in the record
- Original language
- not recorded
- Translation available
- no translation recorded the firm’s French record is a summary, not a translation
- Date checked
- not recorded
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Proceedings
Parties
- claimantHanshow Germany GmbH7 decisions in the corpusFollow this party
- claimantHanshow France SAS6 decisions in the corpusFollow this party
- claimantHanshow Netherlands B.V.6 decisions in the corpusFollow this party
- claimantHanshow Technology Co. Ltd.6 decisions in the corpusFollow this party
- defendantSES-imagotag SA5 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Generic Order
- Outcome (Dhenne Avocats summary)
- La taxe complémentaire ayant été payée et la demande d'autorisation valant mémoire d'appel, les demandes de décision par défaut et d'irrecevabilité de VusionGroup sont rejetées.
- Appeal
- Decision of the Court of Appeal.
- Instance
- Court of Appeal decision.
Patents mentioned
EP 3 883 277mentioned in: Dhenne Avocats analysis Follow this patent
Related decisions cited in the analyses
- Netgear v Huawei (CoA, 21 March 2024) cited in this record
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 3 883 277 | Mentioned in the analysis (role not qualified) Also mentioned in 4 other decision(s): Hanshow Germany v VusionGroup (CoA, 24 July 2025) · Hanshow Technology v VusionGroup (CoA, 6 June 2025) · SES-imagotag v Hanshow (CoA, 13 May 2024) · SES-imagotag v Hanshow Technology (CFI, 20 December 2023) | not recorded | not recorded | not recorded | Espacenet links not checked mentioned in: Dhenne Avocats analysis |
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