MANNHEIM LOCAL DIVISION Law and Practice Contributed by: Tobias J Hessel and Leonie Jüngels, Clifford Chance
Division decided that the claimant should bear ¾ and the defendant ¼ of the litigation costs. Following the withdrawal of infringement claims and nullity counterclaims, the Local Division ruled that each party should bear its own costs, with no reimbursement taking place (eg, orders dated 3 February 2025, ACT_545615/2023 CC_591342/2023 CC_594299/2023, CC_594307/2023, CC_594305/2023, CC_594594/2023 CC_594595/2023 and ACT_545551/2023 CC_596561/2023 CC_596895/2023). A reimbursement of court fees paid during the proceedings was ordered in connection with the withdrawal of infringement and nullity counterclaims, as seen in the deci - sion dated 4 February 2025 (ACT_545606/2023 CC_594296/2023 CC_594472/2023, CC_594470/2023, CC_594471/2023, CC_594473/2023 CC_594474/2023). When the claimant was only unsuccessful in respect of a minor part, such as the scope of individual legal consequences, the Local Divi - sion Mannheim regularly decided that the defendant should still bear the entire costs of the proceedings (eg, order dated 6 February 2025, UPC_CFI_210/2023 and decision dated 11 March 2025, UPC_CFI_159/2024). Thus, the practice regarding the allocation of cost burdens resembles that of national courts and has not contained any surprises yet. 5.4 Damages So far, the Mannheim Local Division has not issued any final judgments awarding damages. However, interim damages have been granted in some cases, with the amount in part being guided by the court fees, which served as a benchmark. Given that only two decisions to date have established patent infringement, it
remains too early to assess how the Mannheim Local Division will ultimately quantify damages in final decisions. Further case law will be need - ed before clear trends can be identified in the court’s approach to the calculation of compen - satory relief. 6. The Future of the UPC 6.1 Advantages and Disadvantages of the UPC Advantages and disadvantages are described in other sections, such as 5.2 UPC Court Fees Compared to National Courts , 6.2 Future Trends , 6.3 The Future of National Patent Liti- gation and 6.4 Improvements to the UPC . 6.2 Future Trends As the European patent ecosystem continues to evolve, the litigation landscape is enter - ing a period of dynamic change. The UPC has brought about a structural shift, but beyond the institutional framework, deeper trends are begin - ning to shape the way patent enforcement is approached across Europe. From the strategies adopted by litigants to the cross-border implica - tions of UPC rulings, a new phase of adaptation and innovation is underway. Strategic Forum Shopping in a New Context While forum shopping has long been a part of European patent litigation, the UPC has reshaped the terrain. Instead of choosing between nation - al jurisdictions, litigants now compare options within the UPC itself – between local divisions that vary in procedural style, judicial makeup and perceived familiarity with certain industries. Sophisticated venue strategies are likely to emerge, with plaintiffs selecting divisions based not only on geographic relevance but also on
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