Avago Technologies International Sales v Realtek Semiconductor (CFI, 27 January 2025)
| Date | 27 January 2025 |
|---|---|
| Court | CFI |
| Registry reference | App_2740/2025 · ORD_3075/2025 |
Official decision (PDF) · UPC registry entry
Dhenne Avocats represents claimants and defendants in European patent disputes before the Unified Patent Court, including the Paris divisions.
Dhenne Avocats · 10 October 2026
Our analysis
Summary
By an order of 27 January 2025 (UPC_CFI_755/2024), Judge Ulrike Voß of the Munich Local Division granted Avago Technologies International Sales a refund of 20% of the court fees, namely EUR 2,200, after it withdrew its application for provisional measures against Realtek Semiconductor, and set the value in dispute at EUR 500,000. The order fills, by analogy, a gap in the Rules of Procedure, which provide for refunds only where an action is withdrawn.
Question
Does Rule 370.9(b) RoP, which provides for a partial refund of fees where an action is withdrawn, apply to the withdrawal of an application for provisional measures?
Decision
Direct application was ruled out: the rule concerns withdrawal of an action (Rule 265) and links the refund rate to the written and oral stages of an action (Rule 10). The judge nonetheless found an unintended gap and comparable interests, and applied the rule by analogy, bearing in mind that provisional measures proceedings have only two stages (Rule 205). Since no request for review (Rule 212.3) had been lodged against the ex parte order of 9 December 2024 and the application was withdrawn before the oral procedure closed, only the written stage was complete, so the 20% rate applied to the EUR 11,000 paid. The Registry was instructed to pay the sum promptly (Rule 370.11).
Key points for practice
- Withdrawing an application for provisional measures may give rise to a partial refund of fees, applying Rule 370.9(b) by analogy.
- Practical point: the rate turns on the stage reached at withdrawal, after an unchallenged ex parte order, only the written stage counts as complete.
Provisions applied
- Rules of Procedure
- Rules 10, 205, 206, 212.3, 265, 370.9 and 370.11
- Case law cited
- Munich Local Division, 15 November 2024 (UPC_CFI_515/2024), Düsseldorf Local Division, 3 July 2024 (UPC_CFI_133/2024)
Related decisions
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.
Going further
Lexicon: Written procedure (UPC), Court fees and costs (UPC).
Source and translations
- Official source
- Unified Patent Court registry link recorded in the record
- Original language
- not recorded
- Translation available
- no translation recorded the firm’s French record is a summary, not a translation
- Date checked
- not recorded
Follow this case
Proceedings, related decisions, appeals, parties and patents as recorded in the registry and in the Dhenne Avocats corpus. Each link states its source.
Proceedings
Parties
Decisions in the same proceedings and documented appeals
What the record states
- Outcome (Dhenne Avocats summary)
- La juge accorde le remboursement de 20 % des taxes judiciaires (2 200 euros) après le retrait de la demande de mesures provisoires, par application analogique de la règle 370.9(b), et fixe la valeur du litige à 500 000 euros.
- Appeal
- No appeal documented in the corpus, this does not mean that no appeal was lodged.
- Instance
- First-instance decision, whether it has become final is not recorded.
Related decisions cited in the analyses
- Avago International Sales v Realtek Semiconductor (CFI, 9 December 2024) cited in this record
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