2026-05-05 - LD Mannheim - Hurom v. NUC Electronics - UPC_CFI_335/2025
- Aktenzeichen:
- UPC_CFI_335/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Mannheim (DE) Local Division
- Art:
- Decision
- Parteien:
- Hurom Co., Ltd. v. NUC Electronics Co., Ltd.
Kernaussage: Following the Court of Appeal's reversal and dismissal of the underlying infringement action in UPC_CFI_162/2024, Hurom withdrew its R.
2026-05-05 - LD Mannheim - Hurom
v.
NUC Electronics - UPC_CFI_335/2025
routine
Following the Court of Appeal's reversal and dismissal of the underlying infringement action in UPC_CFI_162/2024, Hurom withdrew its R. 150 RoP application for a cost decision by brief of 10 April 2026. The Mannheim Local Division (Böttcher, JR, single judge) permitted the withdrawal under R. 265 RoP applied by analogy (following CoA Niche Biomedical v Onward Medical, UPC_CFI_60/2026, 27 April 2026): the Defendant raised no objections and no interests in a substantive cost decision were apparent. Confirming the CoA rule, the panel held that no order was needed on the costs attributable to the cost proceedings — a party, even if successful in R. 150 RoP proceedings, bears its own costs of those proceedings, except for the court fee of an appeal (following CoA Niche Biomedical v Onward Medical and CoA Hanshow v VusionGroup, UPC_CoA_618/2025, 6 June 2025 [54]). The Art. 69(3) UPCA exception for unnecessary costs was not engaged because Hurom had been prompted to file the cost application within the one-month deadline running from the 11 March 2025 first-instance decision.