SES-imagotag v Hanshow (CFI, 11 October 2024)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By decision of 11 October 2024 (UPC_CFI_292/2023, App_3393/2024), the judge-rapporteur of the Munich Local Division (Pichlmaier) fixed at EUR 200,000 the first-instance costs that SES-imagotag must reimburse to the four Hanshow companies following the dismissal of its application for provisional measures. The decision offers a concrete framework for reviewing representation costs.

Question

How is the reasonableness and proportionality of the representation costs claimed to be assessed, within the ceiling?

Decision

The judge applies a plausibility review: an hour-by-hour breakdown and receipts are not required, redacted fee notes are accepted, and individual items need not be checked if the total is plausible. Art. 48(3) UPCA sets no limit on the number of representatives: a team of three lawyers and two patent attorneys for four related defendants is accepted. The judge allows up to 150 hours per lead lawyer and 40 hours per patent attorney. Simultaneous interpretation costs (EUR 4,450) are excluded because no application was made under Rule 109 RoP, travel costs not claimed are not awarded, and the costs of the protective letter (EUR 12,141) are allowed. The reasonable total of EUR 202,041 is reduced to the EUR 200,000 ceiling, payable by 8 November 2024.

Key points for practice

• Practical point: a costs application can succeed without a detailed breakdown, but interpretation costs require a prior application under Rule 109 RoP and travel costs must be expressly claimed.

Provisions applied

Agreement on a Unified Patent Court

Arts. 48(3), 62, 69(1) and 82

Statute of the Court

Art. 37(2)

Rules of Procedure

Rules 109, 118.8, 150, 151(d), 152.1, 156, 158.2, 221, 354 and 355.4

Related decisions

• SES-imagotag SA v Hanshow, 20 December 2023, order dismissing the application for provisional measures and setting the costs ceiling.
• Hanshow Germany, 29 July 2024, Court of Appeal decision.

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.