2026-09-14 - CD Paris - Ericsson v. Transsion et al. - UPC-CFI-0001571/2025

The Paris Central Division (Panel 2) permitted Ericsson to withdraw two separated infringement actions against the Transsion group after an out-of-court settlement, dispensed with a cost decision because the parties had agreed to bear their own costs, and fixed the reimbursement of court fees. Applying the Court of Appeal's transitional rule, the panel held that an application for withdrawal and reimbursement lodged after 1 January 2026 is governed by the amended R. 370.9(b) RoP, which reimburses 50% rather than the former 60% on withdrawal before the close of the written procedure, even where the action itself was filed in 2025. It then invoked R. 370.9(e) RoP, which allows the Court in exceptional cases to refuse or reduce the refund having regard to the stage of the proceedings and the party's procedural behaviour, and cut the reimbursement to 35%: the claimant's parallel filings in several divisions, its request that The Hague take the lead on FRAND issues, the large number of applications and a contested confidentiality regime had required more coordination work than usual. The decision is one of the first to use R. 370.9(e) RoP to reduce a withdrawal refund below the tariff rate on grounds of the claimant's own litigation conduct.