Broadening the Interpretation of the ‘Close Link’ Test to Take Account of Costs and Fees Incurred in Parallel EPO Proceedings

Directive 2004/48/EC, Art. 14; Code of Civil Procedure, Art. 700 ‒ BioMérieux v Labrador Diagnostics 1. The costs and fees invoiced for the defence may be included in the amount to be reimbursed, notwithstanding that the pleadings on the merits, which were prepared, were not submitted to the court due to the summary proceedings seeking withdrawal and the interlocutory proceedings. 2. The costs and fees incurred in parallel EPO proceedings may be regarded as other expenses directly and closely related to the infringement proceedings and may therefore be reimbursable, at least in part. Appellant BioMérieux A public limited company registered at the commercial registry […] Respondent Labrador Diagnostics LLC A company incorporated under the laws of the United States and registered in the State of Nevada, represented by its current legal representatives, whose principal address is […]