2026-08-10 - LD Mannheim - Wilus Institute Of Standards And Technology v. ASUS et al. - UPC-CFI-0000752/2026
- Aktenzeichen:
- UPC-CFI-0000752/2026
- Datum:
- Spruchkörper:
- Court of First Instance - Mannheim (DE) Local Division
- Art:
- Decision
- Parteien:
- Wilus Institute of Standards and Technology, Inc. v. ASUSTeK Computer, Inc., ASUS Computer GmbH, ASUS France S.a.r.l., ASUSTeK Italy S.r.l., ASUS Europe B.V., Ninepoint GmbH
Kernaussage: The Mannheim Local Division permitted the withdrawal of an infringement action and of two separate counterclaims for revocation under R.
2026-08-10 - LD Mannheim - Wilus Institute Of Standards And Technology
v.
ASUS et al. - UPC-CFI-0000752/2026
routine
The Mannheim Local Division permitted the withdrawal of an infringement action and of two separate counterclaims for revocation under R. 265 RoP, each counterparty having consented, and declared all three proceedings closed. It made no decision on costs, holding that none is required where the actions are withdrawn in their entirety and every party declares that no cost decision is requested, following the Court of Appeal in UPC_CoA_840/2024 and UPC_CoA_520/2024. It ordered reimbursement of 50 % of the court fees in each proceeding under R. 370.11 in conjunction with R. 370.9(b) RoP in the version in force since 1 January 2026. Where the reimbursement applications were obviously defective, the Court corrected them of its own motion: it substituted the party actually entitled to the refund, and it awarded Defendant 1) the full statutory 50 % of the fee it had paid rather than the smaller sum the application had named.