Industriebeteiligungs- und Beratungs v Washtower IP (CoA, 3 March 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In an order of 3 March 2026 (UPC_CoA_887/2025), the Court of Appeal permitted Washtower, with the agreement of the Bega companies, to withdraw its application for provisional measures at first instance and on appeal, after The Hague Local Division had granted those measures on 11 September 2025 on the basis of EP 3 522 755. Washtower bears the costs and must compensate the injury caused by the measures. The order is of interest for its method of setting the value in dispute of interim proceedings followed by a merits action.

Question

How should the value in dispute be set for provisional measures proceedings ended by withdrawal, where an infringement action on the merits has since been brought?

Decision

The withdrawal was permitted and the proceedings closed. Washtower bears the costs of both instances (Art. 69 UPCA, Rule 265.2(c)) and must compensate Bega under Rule 213.2 (paragraphs 8 to 10). On the value in dispute, the court applied by analogy the guidelines’ method for interim relief not followed by a merits action, namely 66% (paragraph 13). Starting from the agreed value of EUR 1,000,000 for the infringement action, it took the injunction at about 80% and set the value at EUR 530,000 (paragraph 14). The short duration of the measures is already reflected in the 66% reduction (paragraph 15).

Key points for practice

• The guidelines’ 66% rule applies by analogy even where a merits action followed the provisional measures, for the sake of simplicity (paragraph 13).
• Practical point: an applicant withdrawing provisional measures bears not only the costs but also liability to compensate the injury caused by their enforcement (Rule 213.2, paragraph 10).

Provisions applied

Agreement on a Unified Patent Court

Arts 62, 63 and 69(1)

Rules of Procedure

Rules 152.2, 213.2 and 265

Administrative Committee guidelines on recoverable costs

Principles I.1, II.1(a), II.1(b) and II.5(b)

Related decisions

• Industriebeteiligungs- und Beratungs v Washtower, 24 September 2025, earlier Court of Appeal order in the same 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.