2026-06-08 - LD Düsseldorf - Sanofi et al. v. Amgen - UPC_CFI_195/2025

The Düsseldorf Local Division (Panel 2) permitted the mutual withdrawal of an infringement action and the associated counterclaim for revocation concerning EP 4 252 857 and closed both proceedings under R. 265 RoP, the decision reflecting the parties' joint will. Because both parties agreed to bear their own costs, the Court held that no separate cost decision under R. 265.2(c) RoP and Part 1, Chapter 5 was necessary, following the CoA in DexCom v Abbott. On fee reimbursement, the Court applied the transitional rule for the amended R. 370.9 RoP: where the application for withdrawal and reimbursement is filed after 1 January 2026, the new provision governs, so reimbursement is 50% (not the previous 60%) for withdrawal before closure of the written procedure. The reimbursement rate is keyed to the date the withdrawal/reimbursement application is filed, not the date the underlying action was filed.