Seoul Viosys v expert klein (CFI, 14 April 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By decision of 14 April 2025 (ACT_60376/2024, UPC_CFI_363/2023 and UPC_CFI_677/2024), Presiding Judge Thomas, acting as judge-rapporteur of the Düsseldorf Local Division, fixed the costs owed to Seoul Viosys following the decision of 10 October 2024, which had upheld the infringement action on EP 3 926 698 and dismissed the counterclaim for revocation. expert e-Commerce and expert klein must each pay EUR 31,982.85 for the action, and expert klein a further EUR 51,112.73 for the counterclaim, within 21 days of service. The interest lies in the effect of an agreement reached at the hearing on EUR 100,000.

Question

Did the parties’ agreement on recoverable costs of EUR 100,000 cover all the costs of the proceedings (paragraph 7) or only representation costs?

Decision

The application, filed within one month of the decision, was admissible (paragraphs 10 and 11). The EUR 100,000 had been accepted as recoverable and split equally between the action and the counterclaim, but nothing showed that Seoul Viosys had waived costs above that figure. The Administrative Committee’s ceilings in any event apply only to representation costs (paragraph 15). Travel and test-purchase costs are recoverable if they are necessary, assessed ex ante, and appropriate in amount (paragraphs 16 to 18), the judge saw no objection to them here (paragraph 19).

Key points for practice

• An agreement on recoverable representation costs does not, absent an express declaration, waive other costs: a party seeking an all-in figure should say so clearly at the hearing (paragraph 15).
• Other costs are recoverable where, at the time they were incurred, they objectively appeared suitable to pursue a legitimate litigation aim and remain proportionate to the value, complexity and prospects of the measure (paragraphs 17 and 18).

Provisions applied

Agreement on a Unified Patent Court

Art. 69(1)

Rules of Procedure

Rules 150, 151, 152.1, 152.2, 221.1, 300(c) and 301.1

Other provisions

Decision of the Administrative Committee of 24 April 2023 on the scale of ceilings for recoverable costs (D-AC/10/24042023_D), Art. 1(2)

Case law cited

Munich Local Division, 19 March 2025, UPC_CFI_696/2024

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.