2026-09-09 - LD Mannheim - Ericsson v. Transsion et al. - UPC-CFI-0001570/2025
- Aktenzeichen:
- UPC-CFI-0001570/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Mannheim (DE) Local Division
- Art:
- Decision
- Parteien:
- Telefonaktiebolaget LM Ericsson (publ) v. Shenzhen Transsion Holdings Co., Ltd. , Tecno Mobile Limited, Infinix Mobility Limited, Tekpoint GmbH, IRD Distribuce, S.R.O, x-kom GmbH, TradeInn Retail Services, S.L., Egenta s.r.o., NTT System S.A.
Kernaussage: The Mannheim Local Division allowed the withdrawal of an SEP infringement action under R.
2026-09-09 - LD Mannheim - Ericsson
v.
Transsion et al. - UPC-CFI-0001570/2025
notable
The Mannheim Local Division allowed the withdrawal of an SEP infringement action under R. 265 RoP after the claimant settled out of court, holding that consent to a withdrawal need not be express: a defendant that never entered an appearance is taken to consent implicitly, because its non-appearance shows it has no interest in the proceedings. No cost decision was required because the appearing parties unanimously declared that none was needed (following CoA UPC_CoA_808/2024). On the reimbursement of court fees the judge-rapporteur confirmed the established Court of Appeal line that R. 370.9(b) RoP as amended with effect from 1 January 2026 — a regular rate of 50 %, not the former 60 % — governs every reimbursement application submitted after 31 December 2025, even where the withdrawn action was brought earlier (CoA UPC_CoA_916/2025, HUROM v NUC). The Court then exercised the discretion in R. 370.9(e) RoP downwards, reducing the rate to 35 % because the case had generated far more judicial work than its early procedural stage suggested, and calibrated that figure against the 25 % set by the Hague Local Division in the lead cases of the same withdrawn series.