Yealink (Xiamen) Network Technology v Barco (CFI, 8 May 2025)
| Date | 8 May 2025 |
|---|---|
| Court | CFI |
| Division | Brussels (BE) Local Division |
| Type of action | Generic application |
| Registry reference | App_18947/2025 · ORD_19104/2025 |
| Parties | Yealink (Europe) Network Technology B.V., Yealink (Xiamen) Network Technology Co. Ltd. |
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
The Brussels Local Division dismissed Yealink’s application under Rule 353 to rectify the final order of 21 March 2025 issued in the provisional measures proceedings concerning EP 3 732 827 (UPC_CFI_582/2024). That order required Barco, as the unsuccessful party, to bear Yealink’s costs « up to the applicable ceiling of € 112.000 ». For practitioners, the order confirms the narrow scope of rectification and the enforceability of an interim award of costs.
Question
Can an order to bear costs « up to the applicable ceiling » be rectified under Rule 353 so as to state an amount of EUR 112,000 as an interim award of costs?
Decision
No. The grounds for rectification in Rule 353 are exhaustive: clerical errors, miscalculations and obvious omissions (paragraph 4). The reasons form part of the decision and are read with the operative part (paragraph 8), read in that way, the order makes Barco bear the costs up to the ceiling, so no rectification is needed (paragraph 9). The order contains no clerical error or slip (paragraph 10), and an interim award does not have to be followed by a further award to be enforceable (paragraph 11).
Key points for practice
- Rule 353 cannot be used to rephrase the operative part in wording a party considers more favourable: the application must target a clerical error or an obvious omission.
- Practical point: the operative part of a costs decision is construed in the light of its reasons, which should be weighed before applying for rectification.
Provisions applied
- Agreement on a Unified Patent Court
- Art. 69(1)
- Rules of Procedure
- Rules 118.5, 150.2, 211.1(d) and 353
- Case law cited
- Yealink (Xiamen) Network v Barco, Brussels Local Division, 21 March 2025 (the order whose rectification was sought)
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
- claimantYealink (Xiamen) Network Technology Co. Ltd.13 decisions in the corpusFollow this party
- claimantYealink (Europe) Network Technology B.V.13 decisions in the corpusFollow this party
Decisions in the same proceedings and documented appeals
What the record states
- Nature of the act
- Generic application
- Outcome (Dhenne Avocats summary)
- La demande de rectification est rejetée : l'ordonnance, lue avec ses motifs, met déjà les frais à la charge de Barco dans la limite du plafond de 112 000 € et ne comporte aucune erreur matérielle.
- 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.
Patents mentioned
EP 3 732 827mentioned in: Dhenne Avocats analysis Follow this patent
Related decisions cited in the analyses
- Barco v Yealink (Xiamen) Network Technology (CFI, 21 March 2025) cited in this record
Patents and standards
| Publication | Role in the dispute | Family | Standard and declaration | Pool | Sources |
|---|---|---|---|---|---|
EP 3 732 827Method and system for making functional devices availalble to participants of meetings recorded proprietor: Barco NV | Mentioned in the analysis (role not qualified) Also mentioned in 12 other decision(s): Barco v Yealink (Xiamen) Network (CFI, UPC_CFI_806/2025, 17 August 202 · YEALINK (XIAMEN) NETWORK v BARCO (CFI, 7 May 2026) · BARCO v YEALINK (XIAMEN) NETWORK TECHNOLOGY (CFI, 4 December 2025) · Yealink (Xiamen) Network v Barco (CoA, 28 November 2025) · Barco v Yealink (Xiamen) Network Technology (CFI, 26 November 2025) · Barco v Yealink (Xiamen) Network Technology (CoA, 21 August 2025) · Barco v Yealink (CoA, 14 August 2025) · Barco v Yealink (Xiamen) Network Technology (CoA, 17 April 2025) | not recorded | not recorded | not recorded | Espacenet · European Patent Register existence and title of the publication checked on 30 October 2026 (Google Patents, Espacenet and Register links are not checked automatically) mentioned in: Dhenne Avocats analysis |
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