2026-08-25 - LD Paris - Sun Patent Trust v. Vivo - UPC_CFI_362/2025

The Paris Local Division permitted the withdrawal of both an infringement action and the counterclaim for revocation filed against it, after the parties settled and each consented to the other's withdrawal. Applying R. 265 RoP, the Court found no objection to the withdrawals: the rule bars permission only where the other party has a legitimate interest in the action being decided, and here both sides had applied to withdraw. Because the withdrawal of an action leaves a counterclaim unaffected under R. 265.2 RoP, the counterclaim required its own withdrawal application, which the defendants filed on the same day. The Court declared both proceedings closed, cancelled the scheduled oral hearing and ordered entry on the register. It issued no cost decision, recording that none was requested and that no application for reimbursement of court fees under R. 370.11 RoP had been lodged.