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Brussels - Local Division UPC_CFI_415/2025 Decision (R. 265 RoP) of the Court of First Instance of the Unified Patent Court Issued on 4 December 2025 Concerning EP 3 302 292 B1 HEADNOTES As the Court previously held (cf. LD Düsseldorf - UPC_CFI_355/2025 and UPC_CFI_186/2025 – Fujifilm/Kodak), the focus of appropriateness “is primarily on the amount of costs incurred” and this from an ex ante perspective. When assessing these costs, elements which could be taken into consideration (having regard to the specifical circumstances of a withdrawal of an action) are inter alia: the value in dispute together with the ceiling, the significance of the case, the moment of withdrawal in the procedural agenda and the difficulty and complexity of the relevant legal and factual issues. Such an approach s ...