2026-11-06 - LD Mannheim - Samsung v. Zte - UPC_CFI_188/2025
- Aktenzeichen:
- UPC_CFI_188/2025
- Datum:
- Spruchkörper:
- Court of First Instance - Mannheim (DE) Local Division
- Art:
- Decision
- Parteien:
- Samsung Electronics Co., Ltd. v. ZTE Deutschland GmbH, ZTE Austria GmbH, ZTE Corporation Bulgaria EOOD, ZTE France SASU, ZTE Italia s.r.l., ZTE Netherlands B.V., ZTE Romania SRL
Kernaussage: The Mannheim Local Division, through the judge-rapporteur, permitted under R.
2026-11-06 - LD Mannheim - Samsung
v.
Zte
UPC_CFI_188/2025
routine
The Mannheim Local Division, through the judge-rapporteur, permitted under R. 265 RoP the withdrawal of both the infringement action and the counterclaim for revocation on the parties' mutual agreement, and held no cost decision required because none was requested. It rejected the claimant's request for a 20% reimbursement of court fees. R. 370.9 RoP in the version in force since 1 January 2026 governed, because the R. 265 application was filed after that date, although the action itself dates from 2025. Under that version the request was unfounded: the action was not withdrawn before the closure of the written procedure (R. 370.9(b) RoP), and nothing was put forward to meet R. 370.9(c) RoP.