2026-05-28 - LD Düsseldorf - Avago Technologies International Sales Pte. Limited v. Renault Deutschland AG a.o. - UPC-CFI-0001292/2025
- Aktenzeichen:
- UPC-CFI-0001292/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Düsseldorf (DE) Local Division
- Art:
- Decision
- Parteien:
- Avago Technologies International Sales Pte. Limited v. Renault Deutschland AG a.o.
Kernaussage: Following an out-of-court settlement, the Düsseldorf Local Division permitted the mutually consented withdrawal of both Avago's infringement action and the defendants' revocation counterclaim concerning EP 3 651 429 under Rule 265 RoP and declared both proceedings closed.
2026-05-28 - LD Düsseldorf - Avago Technologies International Sales Pte. Limited
v.
Renault Deutschland AG a.o. - UPC-CFI-0001292/2025
notable
Following an out-of-court settlement, the Düsseldorf Local Division permitted the mutually consented withdrawal of both Avago's infringement action and the defendants' revocation counterclaim concerning EP 3 651 429 under Rule 265 RoP and declared both proceedings closed. Because the parties agreed to bear their own costs and to make no costs applications, the court held that no costs decision was required under R. 265.2(c) RoP, following the Court of Appeal in DexCom v Abbott (UPC_CoA_569/2024). On court-fee reimbursement, the court applied the amended Rule 370.9(b) RoP in force since 1 January 2026: because the withdrawal and reimbursement applications were filed after 1 January 2026 — even though the action was filed earlier — the applicable rate is 50% (not the 60% of the pre-2026 version), following the Court of Appeal in VMR Products v NJOY (CoA_257/2025) and Hurom v NUC (UPC_CoA_916/2025).