UPC Local Division: Procedural Decision: Conditional Counterclaim, Costs

The unconditional conversion of an independent counterclaim into a conditional counterclaim, which depends on the occurrence of an intra-procedural condition (a finding of patent infringement by the court), is a permissible limitation within the meaning of R 263.3 RoP. If the counterclaim is subsequently no longer to be decided upon because no infringement has been found, the counterclaimant must bear the costs of the counterclaim (LD Munich 13.1.2026, CFI 628/2024).