YEALINK (XIAMEN) NETWORK v BARCO (CFI, 7 May 2026)

Dhenne Avocats · 10 October 2026

Our analysis

Summary

In a decision of 7 May 2026 (UPC_CFI_2265/2025), the judge-rapporteur of the Brussels Local Division assesses, under Rule 150 RoP, the costs owed by Barco to Yealink after the dismissal of the applications for provisional measures based on EP 3 732 827 (UPC_CFI_582/2024, then UPC_CoA_317/2025 and UPC_CoA_376/2025). As Yealink failed on its competence challenges, Barco may set off its own costs by way of defence.

Question

How are costs assessed where the successful party lost on its competence challenges, and which ceiling applies to an appeal in provisional measures?

Decision

Yealink is not entirely successful (paragraphs 16 to 22). The one-month period of Rule 151 RoP runs only from the merits decision, and Barco may raise its costs by way of defence, for efficiency, without a separate application and without having waived them (paragraphs 26 to 30). The ceiling is EUR 112,000 at first instance (value EUR 1,000,000) and EUR 66,000 on appeal, i.e. 50% (paragraphs 37 to 44), with no reduction for partial success since Barco claims its own costs (paragraph 41). Barco’s competence-related costs are deducted from that ceiling (paragraphs 45 and 46). Interpreters’ costs under Rule 109.4 RoP are excluded (Rule 109.5 RoP, paragraphs 49 and 50), travel costs are allowed (paragraphs 52 and 53).

Key points for practice

• A set-off of costs may be raised by way of defence in Rule 150 proceedings, without a separate application.
• The published version leaves blank the amounts credited to Barco: only the overall EUR 178,000 ceiling appears.

Provisions applied

Agreement on a Unified Patent Court

Art. 41(3) and 69

Rules of Procedure

Rules 109.4, 109.5, 150, 151, 152.2 and 156.2

Case law cited

SharkNinja, Court of Appeal, 20 January 2025 (UPC_CoA_297/2025, as cited in the decision), Hanshow v Vusion, Court of Appeal, 6 June 2025, Yealink v Barco, Court of Appeal, 21 August 2025, Barco v Yealink, Brussels Local Division, 21 March 2025, Barco v Yealink, Court of Appeal, 28 November 2025

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.