SharkNinja Europe v Dyson Technology (CoA, 20 January 2025)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

By order of 20 January 2025 (UPC_CoA_297/2024), the second panel of the Court of Appeal rejected as inadmissible, because premature, SharkNinja’s applications to stay the cost assessment proceedings or, in the alternative, to extend by three months the time limit under Rule 151 RoP, following the decision of 3 December 2024 that had dismissed Dyson’s application for provisional measures (EP 2 043 492) and ordered Dyson to bear the costs of both instances. Dyson had agreed to the applications. The order settles when the time limit for a cost assessment runs after provisional measures proceedings, a practical point for any party that prevails in such proceedings.

Question

Does the one-month time limit under Rule 151 RoP run from service of the order on provisional measures where main proceedings are pending?

Decision

No. Cost assessment is a separate procedure that follows the decision on the merits and any decision on damages (Rule 150.1 RoP), the one-month period runs from service of the decision in the main proceedings, not of the order on provisional measures (paragraphs 5 and 6). As Dyson’s action on the merits and the counterclaim for revocation were pending before the Munich Local Division, the applications were premature (paragraph 7). The Court added that, where no main action is brought under Rule 213 RoP, Rules 150 and 151 RoP apply by analogy, given the purpose of Art. 69 UPCA (paragraph 8).

Key points for practice

• A party that succeeds in provisional measures proceedings must await the decision on the merits before seeking a cost assessment. An earlier application to stay or extend is inadmissible.

Provisions applied

Agreement on a Unified Patent Court

Art. 69(1) to (3)

Rules of Procedure

Rules 9.3(a), 150.1, 151, 213, 295(d) and 296.3

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.