Court Fee Requirement for Separate Counterclaim in Unified Patent Court
The Unified Patent Court in Mannheim issued a procedural order requiring Defendant 1, SZ DJI Technology Co., Ltd., to pay a separate court fee for its counterclaim in a patent infringement case initiated by Irdeto B.V. against multiple defendants. While Defendants 2 to 4 jointly submitted an earlier counterclaim and paid one fee, Defendant 1 submitted a separate counterclaim later and attempted to rely on the fee paid by the other defendants. The court ruled that Rule 370.7 RoP, which allows for one fee for actions involving multiple parties, does not apply to separate actions by different parties, even if they contain the same content. Defendant 1 was ordered to pay the fee within 14 days or face a decision by default. The decision clarifies the application of court fee rules in cases with multiple defendants submitting similar but separate counterclaims.