2024-08-13 - LD Munich - Network System Technologies v. Texas Instruments - UPC_CFI_513/2023
- Aktenzeichen:
- UPC_CFI_513/2023
- Datum:
- Spruchkörper:
- Court of First Instance - Munich (DE) Local Division
- Art:
- Application Order
- Parteien:
- Network System Technologies LLC v. Texas Instruments
Kernaussage: Rule 265 RoP also applies if the action is not withdrawn in its entirety, but only in relation to
2024-08-13 - LD Munich - Network System Technologies
v.
Texas Instruments - UPC_CFI_513/2023
Rule 265 RoP also applies if the action is not withdrawn in its entirety, but only in relation to
some of several defendants (partial subjective withdrawal of action).
notable
The Munich Local Division issued a short order under Rule 265 RoP permitting the claimant to withdraw its infringement action against two of four defendants (Texas Instruments Inc. and Texas Instruments Deutschland GmbH) following a settlement, while proceedings against Volkswagen AG and AUDI AG continue. The Court clarified that Rule 265 RoP applies equally to a partial subjective withdrawal — i.e., a withdrawal in relation to only some of several defendants — and not only to withdrawal of the action in its entirety. Because the two settling defendants consented, the withdrawal was permitted. Disputes between the parties as to annotations on the scope of the withdrawal (the claimant's statement that the claims against VW and Audi rest on the ICs made by TI) were held irrelevant to the withdrawal itself and not indicative of any legitimate interest of the settling defendants in continuing their own proceedings. Costs followed the parties' agreement.
Stichwörter
Withdrawal of action