The Unified Patent Court 2025

MANNHEIM LOCAL DIVISION Law and Practice Contributed by: Tobias J Hessel and Leonie Jüngels, Clifford Chance

ly, which can influence the total costs if inva - lidity claims are pursued separately. Technical expert fees may add another EUR20,000 to EUR50,000, while additional expenses such as evidence collection, translations and witness costs can contribute a further EUR10,000 to EUR30,000. On the whole, an average infringe - ment proceeding before the Regional Court of Mannheim tends to cost between EUR150,000 and EUR350,000, with case durations typically being 12–18 months. By contrast, proceedings before the Local Divi - sion Mannheim generally incur higher court fees, which start at EUR11,000 for disputes up to EUR500,000 and increase progressively with the value in dispute. Attorney fees in UPC cases are also higher, often ranging from EUR200,000 to EUR400,000 due to the broader international scope, the necessity for specialised UPC-quali - fied representation and the increased procedural complexity. Technical expert costs are usually somewhat higher as well, reflecting the multi- jurisdictional nature of many UPC disputes, and typically range from EUR30,000 to EUR60,000. Additional expenses related to translations, fil - ings and procedural requirements may add EUR20,000 or more to the overall cost. UPC proceedings tend to be resolved more quickly, often within 12–15 months, which can partially offset the higher fees by reducing prolonged liti - gation expenses. While the average cost of patent infringement litigation before the Local Division Mannheim of the UPC tends to be higher on a case-by-case basis compared to the Regional Court of Man - nheim, the UPC offers value through consolidat - ed cross-border enforcement. For patent hold - ers seeking broad European protection under unitary patents, the higher initial costs may be

offset by the avoidance of multiple national pro - ceedings. Conversely, for patents only validated in Ger - many, or where litigants prefer familiar national procedures, the Regional Court of Mannheim remains a cost-effective and trusted forum. Ultimately, the choice between the UPC and national court will depend on strategic, financial and portfolio-specific considerations. 5.3 Costs Awards At the Local Division Mannheim, several cost decisions have already been made, including those concerning the provisional reimburse - ment of costs in the context of an application for interim measures, cost allocation following the withdrawal of a claim and fundamental cost decisions. In the case between the applicant G. Pohl- Boskamp GmbH & C. KG v pharma-aktiva GmbH, ALDI SÜD, ALDI Nord, et al (decision dated 20 December 2024, UPC_CFI_541/2024), the court issued interim measures regarding injunction, seizure and surrender. As the patent infringement and the validity of the patent were deemed sufficiently certain by the Local Divi - sion, it ordered the provisional reimbursement of costs. In another case (Rematec GmbH & Co KG v Europe Forestry B.V., decision dated 31 Janu - ary 2025, UPC_CFI_340/2023), the Local Divi - sion dismissed the infringement claim and fully upheld the nullity counterclaim in its final form. Since the defendant requested a partial with - drawal of the counterclaim during the oral hear - ing, and the claimant subsequently declared the dispute concerning the counterclaim to be concluded to the requested extent, the Local

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