Recoverability of dual representation fees in utility model appeal proceedings

The Federal Patent Court dismissed the appellant's complaint and confirmed the initial decision setting the costs for the use right infringement proceeding, thereby upholding the respondent's position that double representation costs were not recoverable. The dispute centered on the cost determination in a use right complaint procedure, specifically whether the fees for a second legal representative (the *Doppelvertretung*) constituted a necessary expense eligible for reimbursement. The court held that such dual representation does not automatically qualify as a necessary expenditure under German civil procedure law for cost purposes unless specific exceptional circumstances justify the need for two representatives, which was not demonstrated in this case. Consequently, the appellant bears the full costs of the complaint proceedings, and the initial cost determination remains in force.