Juul Labs International v NJOY Netherlands (CoA, UPC_CoA_328/2025, 9 January 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 9 January 2026 (UPC_CoA_328/2025), the Court of Appeal permitted Juul Labs to withdraw its appeal against the decision of the Paris Central Division of 7 February 2025 (UPC_CFI_314/2023), which had revoked EP 3 504 990 for eight states at the request of NJOY Netherlands, and declared the proceedings closed. The EPO Board of Appeal had dismissed on 14 November 2025 the appeal against the revocation of the patent by the Opposition Division on 26 April 2024. Juul Labs bears NJOY’s appeal costs and obtains a refund of 60% of the appeal fees. The order states two useful rules: an appellant who withdraws is in principle the unsuccessful party, and the reduction of the refund to 50% applies only to filings made after 31 December 2025.

Question

Who bears the appeal costs where the proprietor withdraws its appeal after its EPO appeal has been dismissed, and which fee refund rate applies?

Decision

As NJOY consented, it had no legitimate interest in a decision, and the withdrawal was permitted (Rule 265.1 RoP). An appellant who withdraws is treated as the unsuccessful party. The exception recognised for a proprietor who surrenders its patent at the outset and requests revocation before the EPO does not apply to one who defended it at first instance, and the court declined to extend it. The 60% refund under Rule 370.9(b)(i) RoP applies, since the amendment in force from 1 January 2026 covers only filings made after 31 December 2025.

Key points for practice

• A proprietor who defends its patent at first instance and then withdraws its appeal bears the appeal costs, even if it considers that the EPO outcome made the revocation action unnecessary.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(1)

Rules of Procedure

Rules 151(d), 265.1, 360 and 370.9(b)(i)

European Patent Convention

Art. 105a

Case law cited

10x Genomics v Curio Bioscience, Court of Appeal, 5 July 2024, Avago v Tesla, Court of Appeal, 15 January 2025, Stäubli Tec-Systems, Court of Appeal, 26 March 2025

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.