2026-08-03 - CoA - Xiaomi v. Nera Innovations - UPC_CoA_854/2025
- Aktenzeichen:
- UPC_CoA_854/2025
- Datum:
- Spruchkörper:
- Court of Appeal - Luxembourg (LU)
- Art:
- Decision
- Parteien:
- Xiaomi Inc., Xiaomi Communications Co., Ltd., Xiaomi Technology Germany GmbH, Xiaomi Technology Netherlands B.V. v. Nera Innovations Ltd.
Kernaussage: The Court of Appeal allowed the withdrawal of two cross-appeals against a Hamburg Local Division decision that had dismissed the infringement action and revoked the patent beyond the scope of two auxiliary requests, and declared the proceedings closed.
2026-08-03 - CoA - Xiaomi
v.
Nera Innovations - UPC_CoA_854/2025
routine
The Court of Appeal allowed the withdrawal of two cross-appeals against a Hamburg Local Division decision that had dismissed the infringement action and revoked the patent beyond the scope of two auxiliary requests, and declared the proceedings closed. R. 265 RoP, which permits a claimant to withdraw its action before a final decision, applies to the withdrawal of an appeal as well, following the Court of Appeal's decision in Black Sheep v HL Display. Withdrawal is allowed on the application of each appellant with the consent of the respondent where no opposing interest of the respondent is apparent, which was the position here because the parties had settled out of court. Although R. 265.2(c) RoP provides that a costs decision under Part 1, Chapter 5 of the Rules of Procedure is to be made, the Court held that no such decision was needed because both parties had agreed to make no cost applications.
Inoffiziell
Inoffizielle KI-Übersetzung
Dies ist eine automatische, von KI erstellte Übersetzung, die Fehler enthalten kann. Rechtsverbindlich ist allein das Originaldokument in der Verfahrenssprache (German).