N.V. Nutricia v Nestlé Health Science (Deutschland) (CFI, 30 July 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By a decision of 30 July 2025 (UPC_CFI_201/2023), the Düsseldorf Local Division (Judges Thomas, presiding, Thom, judge-rapporteur, Agergaard and Hedberg, technically qualified judge), with the defendant’s consent, allowed N.V. Nutricia to withdraw its infringement action against Nestlé Health Science (Deutschland) (EP 2 359 858), declared the counterclaim for revocation disposed of, the patent having meanwhile been finally revoked, and ordered Nutricia to bear the costs of both proceedings. It set the value of the action at EUR 250,000 and that of the counterclaim at EUR 500,000, and ordered reimbursement of 60% of the court fees.

Question

How should the value in dispute be set after a consensual withdrawal, where the parties’ figures differ widely (EUR 1,000,000 and EUR 1,500,000 according to the defendant)?

Decision

Under Rules 22 and 370.6 RoP, the Division takes the parties’ figures into account but assesses the claimant’s objective interest when the action was filed, following the Court of Appeal in Microsoft v Suinno. Where the parties settle out of court, an estimate suffices without a thorough examination of each factor (ground 4(a)). The interest in prohibiting the recommendation or offer of the product for reducing respiratory tract infections in the States covered, given the remaining patent term and estimated turnover, justifies EUR 250,000 (ground 4(b)). The 50% increase for the counterclaim remains appropriate because revocation has erga omnes effect (ground 4(c)).

Key points for practice

• Where the parties settle, the value in dispute is estimated summarily, without detailed inquiry. The value of a counterclaim for revocation carries a 50% uplift.

Provisions applied

Rules of Procedure

Rules 22, 265.2, 360, 370.6 and 370.9(b)

Case law cited

Microsoft v Suinno, Court of Appeal, 23 December 2024 (UPC_CoA_826/2024)

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.