Order of the Munich Local Division on Reinstitution of Proceeding

The Munich Local Division of the Unified Patent Court (UPC) dealt with an incident where one party missed the deadline to initiate a cost determination procedure following a decision involving infringement and nullity actions regarding the European Patent No. 3 215 288. The court decided that the plaintiff's application for reinstatement was admissible and warranted. The failure to meet the deadline for requesting cost determination could only be rectified by reinstatement of the previous status, as per Rule 320 of the Rules of Procedure (ROP). The decision emphasizes the importance of knowing procedural rules and highlights that ignorance of law usually doesn't suffice for reinstatement. However, in this specific case, the mistake attributed to the legal representative was not charged against the represented party, allowing for reinstatement.

UPC Publication Date:01/13/2026
Summarized:01/29/2026
Type:Application For Costs
Court:Munich (DE) Local Division
Parties:Heraeus Electronics GmbH & Co. KG v. v. v. Vibrantz GmbH
Winning Party:Vibrantz GmbH
Counterclaim:Yes
Patent Number:3 215 288
Patent Title:N/A
Grounds for decision:Failure to adhere to Rule 151 deadlinesIgnorance of law by legal representativeRule 320 ROP - Reinstatement of previous status
RemediesReinstatement