2026-08-05 - LD Düsseldorf - bioMerieux et al. v. Qiagen Sciences et al. - UPC_CFI_181/2025
- Aktenzeichen:
- UPC_CFI_181/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Düsseldorf (DE) Local Division
- Art:
- Decision
- Parteien:
- QIAGEN Sciences, LLC v. bioMérieux S.A., bioMérieux Deutschland GmbH
Kernaussage: The Düsseldorf Local Division allowed the withdrawal of an infringement action and of the two counterclaims for revocation under R.
2026-08-05 - LD Düsseldorf - bioMerieux et al.
v.
Qiagen Sciences et al. - UPC_CFI_181/2025
routine
The Düsseldorf Local Division allowed the withdrawal of an infringement action and of the two counterclaims for revocation under R. 265.1 RoP after the parties settled out of court, each withdrawal being made with the other side's consent. It held that no decision on costs was required despite R. 265.2(c) RoP, because both parties declared that they had agreed each would bear its own costs and that separate cost proceedings were unnecessary, following the Court of Appeal in DexCom v Abbott. Court fees were reimbursed at 50% under R. 370.9(b)(i) RoP, the actions having been withdrawn before the closure of the written procedure. The Court held the reimbursement appropriate within the meaning of R. 370.11 RoP because the withdrawal came at such an early stage that a significant part of the preparation for the oral hearing could be dispensed with. The oral hearing set for 3 September 2026 was cancelled and the value in dispute was set at EUR 1,000,000 for the infringement action and for the counterclaims alike.