2026-08-25 - LD The Hague - Genevant Sciences et al. v. Moderna - UPC_CFI_191/2025
- Aktenzeichen:
- UPC_CFI_191/2025
- Datum:
- Spruchkörper:
- Court of First Instance - The Hague (NL) Local Division
- Art:
- Order
- Parteien:
- Genevant Sciences GmbH, Arbutus Biopharma Corporation v. Moderna Netherlands B.V., Moderna Netherlands B.V., Moderna Netherlands B.V., Moderna Netherlands B.V., Moderna Netherlands B.V., Moderna Netherlands B.V., Moderna Netherlands B.V., Moderna Netherlands B.V., Moderna Netherlands B.V., Moderna Netherlands B.V.
Kernaussage: The Hague Local Division allowed the mutual withdrawal of an infringement action and the counterclaim for revocation under R.
2026-08-25 - LD The Hague - Genevant Sciences et al.
v.
Moderna - UPC_CFI_191/2025
notable
The Hague Local Division allowed the mutual withdrawal of an infringement action and the counterclaim for revocation under R. 265.1 RoP after the parties settled, declared the proceedings closed and directed entry on the register. The application was admissible because no final decision had been given, and all parties had signed the request, so no cost decision beyond court-fee reimbursement was needed. On reimbursement the Court applied the Rules of Procedure as amended on 1 January 2026, because the application for withdrawal and reimbursement was filed in 2026, which under R. 370.9(b) RoP would ordinarily give 50% of the court fees back. The Court reduced that to 25% under R. 370.9(e) RoP, treating the situation as exceptional on three grounds: the settlement came almost at the end of the written phase with five of six written submissions exchanged, the parties had filed a large number of applications, and the Court had issued a considerable number of orders, including a R. 19 RoP order and a R. 333 RoP revision of it.