Seoul Viosys v expert e-Commerce (CFI, 9 April 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In a decision of 9 April 2026 (UPC_CFI_1477/2025), in German, the Düsseldorf Local Division sets at EUR 50,450.52 the appeal costs owed by Seoul Viosys to expert e-Commerce and expert klein, after the Court of Appeal dismissed, on 5 November 2025, Seoul Viosys’s appeal against the decision revoking EP 3 223 320 B1 and dismissing its infringement action. The defendants claimed EUR 101,067.47 on the basis of the EUR 100,000 agreement reached at first instance. The Division holds that the agreement does not cover the appeal.

Question

Does the parties’ agreement on the amount of first-instance costs apply to the costs of the appeal?

Decision

Only reasonable costs, meaning necessary on an objective ex ante assessment, and proportionate costs are recoverable (paragraphs 13 to 18). The EUR 100,000 agreement, based on estimated first-instance costs, does not extend to the appeal, which the parties could not foresee, and no comparable appeal agreement is alleged (paragraph 20). Only appeal costs actually incurred are therefore assessed (paragraph 21): lawyers’ fees (EUR 27,010) and patent attorneys’ fees (EUR 22,397), undisputed and below the ceiling, are allowed (paragraph 22), together with half the travel costs (EUR 1,043.52), the Court of Appeal having heard a parallel case at the same time (paragraph 23). The balance is rejected. Payment is due by 23 April 2026.

Key points for practice

• Parties wishing to fix costs at a flat amount must expressly cover the appeal in their agreement, failing which only appeal costs actually incurred are reimbursed.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(1) and 82

Rules of Procedure

Rules 150, 151, 152, 157 and 221

Case law cited

MSG Maschinenbau v EJP Maschinen, Munich Local Division, 19 March 2025, Seoul Viosys v expert, Düsseldorf Local Division, 14 April 2025, Ortovox v Mammut, Düsseldorf Local Division, 22 April 2025, Fujifilm v Kodak, Düsseldorf Local Division, 9 July 2025, 10x Genomics v Curio, Düsseldorf Local Division, 2 February 2026, CJEU, 28 July 2016, United Video Properties v Telenet, C-57/15

Related decisions

• Seoul Viosys v expert e-Commerce, 10 April 2026, cost decision issued the next day in parallel proceedings between the same parties.

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.