Rules of Procedure of the Unified Patent Court (RoP)

Rule 131

Contents of the Application for the determination of damages

1. The *Application for the determination of damages shall contain

   • (a) particulars in accordance with Rule 13.1(a) to (d),
     (b) the date of the decision on the merits and the action number of the file,
     (c) if required a request for an order to lay open books (Rules 141 to 143) in which case the applicant shall provide the matters set out in Rule 141(b) to (e).

2. After any procedure for the laying open of books is complete, or if that has not been requested, the applicant shall indicate

   • (a) the redress (damages, licence fees, profits) and the interest thereon requested by him,
     (b) an indication of the facts relied on, in particular calculations concerning lost profits or profits made by the unsuccessful party,
     (c) the evidence relied on,
     (d) a statement as to whether the decision on the merits is the subject of an appeal,
     (e) his assessment of the value of the determination of damages.

Notes

Status: 15th draft of 31st May 2013